ecommerce law

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Return of Goods under the Consumer Protection Act in South Africa

When can a consumer return goods under the Consumer Protection Act (CPA) in South Africa? In this article, we look at when a consumer can return goods and explain how we can help suppliers of goods or services (for example [...]

By |2017-12-07T07:01:21+02:00July 14th, 2016|Categories: Consumer Protection|Tags: , , , , |

Taxation of goods purchased online

Is the sale of on-line products (for example software downloaded directly from a website) subject to taxation? South Africa previously had a predominantly source based tax system but adopted a resident based tax system some few years ago. The sale [...]

Can a web site provider link to third-party websites without permission?

This is not expressly prohibited by any law, but may possibly amount to a contravention of the provisions of the Copyright Act 98 of 1978. Broadly speaking, copyright is the right given to the owner of a copyrighted work not [...]

By |2019-08-24T11:11:56+02:00October 26th, 2008|Categories: Internet Law|Tags: , , , , |

Liability for online content mistakes

When would a website provider be liable for mistakes in information which it provides online?  Can it avoid that liability? The general principle is that a website provider must ensure that the content on the website is accurate and will [...]

e-Commerce, Getting the Deal Through

'e-Commerce, Getting the Deal Through' was published in September 2008 by the International Bar Association (where the same questions and answers were posed to leading practitioners in 27 jurisdictions worldwide). Michalsons have authored the chapter on South Africa for the [...]

By |2019-08-24T11:37:58+02:00September 30th, 2008|Categories: Electronic Transactions Law|Tags: , , , |

Can a website provider use third-party content without permission?

Can a website provider use third-party content on its website without permission from the third-party content provider? No. This would amount to a contravention of the Copyright Act 98 of 1978 if the content as the copyrighted work was first [...]

Guide to the ECT Act in South Africa

The ECT Act (or Electronic Communications and Transactions Act 25 of 2002) became law in South Africa on Friday, 30 August 2002 and we summarise it for you. This marked the end of a process initiated by the South African Government [...]

Ripping CDs can be unlawful

Many of us convert audio CDs we have bought from their native CD-DA format to MP3 or some other compressed audio format . The act of converting CDs is commonly known as "ripping" - when the term was coined, it [...]

By |2019-08-02T11:18:15+02:00September 16th, 2008|Categories: Intellectual Property Protection|Tags: , , , |

Tests used to determine jurisdiction for Internet based transactions

What tests or rules are applied by the courts to determine the proper jurisdiction for Internet-based transactions (or contentions) in cases where the defendant is resident or provides goods or services from outside the jurisdiction? The general principle for a [...]

By |2019-08-24T11:49:16+02:00August 14th, 2008|Categories: Internet Law|Tags: , , |