The law in 2025 – our predictions
Welcome to the law in 2025! At the beginning of each year, we gaze into the future to help you prioritise your next steps. This is the law regarding digital, data and tech in 2025. We try to predict what [...]
Privacy obligations in the BEC case of ENS v Hawarden
In the matter of ENS v Hawarden, the SCA overturned the judgment in the High Court in Gauteng, holding ENS liable for the loss suffered by Mrs Hawarden because of a business email compromise. The SCA's finding is primarily based [...]
Workshop | Cybercrimes – The Essentials | Online
Cybercrime law aims to prevent cybercrime and keep people (and their countries) safe from criminals, terrorists, and other cybercrime-committing entities. Since cybercrimes are often borderless, the laws regulating them also aim to define whose jurisdiction they fall under. The interesting and, to some [...]
Edward Nathan Sonnenbergs (ENS) v Hawarden | BEC
In Edward Nathan Sonnenbergs(ENS) v Hawarden, ENS appealed the judgment handed down in Hawarden v Edward Nathan Sonnenbergs. The Supreme Court of Appeal (SCA) upheld the appeal and dismissed the original order from the high court. Hawarden may appeal this [...]
How small businesses can protect themselves against cybercrimes
Cybercrimes are on the rise, and your cybersecurity efforts should be too. Cybersecurity does not have to cost you an arm and a leg, but it can save you an arm and a leg if done properly. Small businesses can [...]
Cybercrime and AI: same threats now powered with advanced technology
Cybercrime continues to be an important issue that all organisations are trying to manage. But now, in the era of artificial intelligence (AI), there are even more challenges when dealing with cybercrime. So understanding the impact of cybercrime and AI [...]
Hawarden v Edward Nathan Sonnenbergs (ENS) | BEC
In Hawarden v Edward Nathan Sonnenbergs (ENS), Hawarden succeeded in suing ENS for the loss of R5.5 million because of a Business Email Compromise (BEC). Hawarden was ENS' client. The court said that ENS owed a general duty of care [...]
Preventing cybercrime in healthcare
Since 2021, health and pharmaceutical companies have come under severe cyber-attacks. Cybercrime involving health-related data is a global concern because of the steep increase in these attacks. Therefore, information security teams are beefing up processes in preventing cybercrime in healthcare. [...]
The impact of the Cybercrimes Act on Electronic Communications Service Provider (ECSP)
The Cybercrimes Act places strict legal obligations on electronic communications service providers (ECSPs). For example, an ECSP must report cybercrimes to the police, and store evidence about cybercrimes that someone may have committed. The Act imposes steep penalties on ECSPs [...]
Alert | The Cybercrimes Act has finally commenced
The President of South Africa has proclaimed that certain sections of the Cybercrimes Act commence on 1 December 2021. Now that the Act has commenced, you may have questions like: which sections have already commenced? When will the entire law commence? [...]
Malicious communications are a crime
President Cyril Ramaphosa recently signed the Cybercrimes Act into law to protect the country against cybercrimes. The Act introduces malicious communications as a crime and guilty parties could incur fines or face jail time. Now that several sections of the [...]
Alert | The Cybercrimes Act is here – now what?
The President of South Africa has signed the Cybercrimes Act into law. This means that South Africa now has a comprehensive law to regulate cybercrime. The wait is finally over, and it is now time for you to take action. [...]