When can a consumer get a Consumer Protection Act refund in South Africa? Do you need a returns policy? In this article, we look at when a consumer can return goods and explain how we can help suppliers of goods [...]
Who can enter into a valid and binding contract with no assistance? The same principles apply to both online and traditional agreements. This is important because it determines the pool of your customers. If you cannot contract with a person, [...]
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 [...]
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 [...]
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' 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 [...]
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 [...]
The ECT Act (or Electronic Communications and Transactions Act 25 of 2002 or ECTA) 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 [...]
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 [...]
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 [...]
Which, if any, regulatory bodies are responsible for the regulation of e-commerce and Internet access tariffs and charges? E-commerce is regulated to a limited extent in South Africa in the 4 areas mentioned hereunder by either the DOC or the Consumer [...]
The ECT Act introduced to South Africa formal legal recognition of electronic commerce. It provides for the facilitation and regulation of electronic communications and transactions, including issues relating to electronic signatures, electronic evidence and computer crimes. Its primary objective is [...]
