The coronavirus and COVID-19 have caused havoc, made countries lockdown, plunged economies into recession and made it very hard for business to continue. Organisations have struggled to continue their operations and do business. Many countries in the world are trying to find their way from a total lockdown back to a normal existence. It’s a tight rope walk between giving people back their freedom and containing the virus. Organisations are going to find it hard to operate for some time to come.
It is crucial that we find a way to enable business to survive in a post coronavirus world because the effects are going to be with us for some time to come. If we don’t, the virus wins. So, how can we enable business? What practices have we developed that might be here for good?
These practices are necessities for limiting the spread of the virus in the short-term by enabling self-isolation and social distancing, but they also have many other long-term benefits – such as increased productivity, lower staff turnover and lower levels of stress. But, whether you want to take advantage of having your employees implement these practices to prevent the transmission of COVID-19 or for other reasons – you can’t afford to ignore the legal implications.
They are a critical part of our commercial lives in a post coronavirus world. They are a vital business and life skill.
Use electronic signatures lawfully
Electronic signatures are regulated by the ECT Act in South Africa. They are lawful for many kinds of transactions, but it’s important to understand the key concepts of identity, intent and evidential weight to use them securely.
Electronic signatures typically indicate the identity of the signatory through unique identifiers sent specifically to them (such as specific URLs or one-time-PINs sent to them by email or text message) or unique credentials (such as usernames and passwords to log into a signing dashboard).
An electronic signature must be linked to the data intended to be signed to validly evidence agreement with or adoption of data in an electronic record. It should show that signatory intended the signature to be their signature in a particular context.
Electronic signatures have greater capacity to positively prove identity and intent by using technologies, such as multi-factor authentication to establish that the signatory is who they claim to be and cryptography to prove that they signed the electronic record by creating a tamper-proof evidentiary artifact. These can confirm the steps that lead up to their signature (such as how the signatories’ identity was authenticated and when and how they chose to apply their signature).
Work remotely but securely
How do you have personnel work from anywhere (including home) without compromising cybersecurity? This practice is also known as telecommuting, and involves your personnel working from their houses, flats or another location remote from the office using the Internet, telephone and other forms of telecommunication.
South Africa’s most pervasive cybersecurity law is POPIA, but it hasn’t commenced fully yet. When it does, it will oblige anyone who processes the personal data of data subjects to implement “appropriate and reasonable technical and organisational measures” to protect it from unauthorised access.
When it comes to telecommuting, ‘appropriate and reasonable technical and organisational measures’ would include both policies and supporting security measures. A work from anywhere policy should set out requirements for working from anywhere by considering the:
- dangers associated with personnel using their own premises;
- communications security requirements of how your personnel will be working remotely;
- digital security requirements for your personnel working remotely; and
- risks associated with personnel using their own equipment.
When it comes to security measures, your organisation should consider:
- providing workstation equipment to your personnel for working remotely;
- defining working from home rules for your organisation;
- providing communication infrastructure;
- physical security of your personnel’s space and equipment;
- family and visitor rules and guidance for access to equipment and information; and
- access control changes and return of equipment when your personnel stop working remotely.
Administer companies electronically
We can save time and money, and keep our companies running by administering them electronically. We can meet using electronic communications and we can sign resolutions electronically.
Start an online store
We need to go online and open an online store (or presence) to supplement our physical presence. But we must manage the legal risks. You need to have the right legal notices.
