electronic transactions

/Tag: electronic transactions

The Law regards Automatic and Electronic Processes

Many organisations are taking processes and looking to see how they can do them electronically and automatically. Putting digital first or moving from a paper-based environment to a digital environment. There are obviously huge benefits to going digital - [...]

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: , , , , |

ECT Amendment Bill

The Electronic Communications and Transactions Amendment Bill 2012 (ECT Amendment Bill) has been published. A General Notice was published in the Government Gazette notifying people that the Minister of Communications intends to amend the Electronic Communications and Transactions Act (ECT Act). Deadline [...]

By |2019-08-21T09:58:55+02:00November 26th, 2012|Categories: IT Law|Tags: , , |

Why IT disputes occur and how to avoid them

I have recently been negotiating some complex IT contracts for a client and again witnessed the disconnect between the IT vendor and its customer. I was reminded how often this leads to legal problems, difficulties, and disputes. What follows is [...]

By |2018-07-25T14:39:36+02:00October 24th, 2011|Categories: Contracts|Tags: , |

Do I need the original signed version of agreements

People often ask me whether they need the original signed version of an agreement that they sign as a party to the agreement. The usual situation This is often the situation.  You email a written agreement to someone with whom [...]

By |2019-08-21T10:21:51+02:00January 31st, 2011|Categories: Electronic Signature Law|Tags: |

Information that must be on your website

The law requires that certain information appears on your website.  Section 43(1) of the Electronic Communications and Transactions Act (ECT Act) is the relevant legislation.  Very few websites comply with this section despite it being applicable to most web sites.  [...]

By |2019-08-22T12:13:59+02:00October 1st, 2010|Categories: Media Law|Tags: , |

When a ‘contract’ is not a contract

We often get asked to review a document which looks like a contract and contains legalistic words, but, on closer analysis, is not one. What is a contract? A contract is an agreement between two or more people or organisations [...]

By |2019-08-22T14:27:38+02:00December 5th, 2009|Categories: Contracts|Tags: , , , , |

Does the Law Accept Delivery via SMS?

SMS is "the one form of communication that many people are tethered to 24/7. Which helps explain why, at a time when in-boxes fill with hundreds of never-opened email messages from direct marketers, 97 percent of all SMS marketing messages [...]

By |2019-08-24T09:34:12+02:00October 28th, 2009|Categories: Electronic Communications Law|Tags: , , |

When a perfect legal agreement isn’t perfect for you

Creating the perfect legal agreement in terms of law is not always the sought after or perfect solution. When drafting an agreement, what is most critical for me is that the person drafting the agreement gets a solid grasp of [...]

By |2019-08-24T09:36:54+02:00October 20th, 2009|Categories: Contracts|Tags: , , , , , |

The role of the certification authority and the ECT Act

Many people have heard the term certification authority or "CA", but are not exactly clear on what it means or what a CA does. In the world of information security and cyberspace certainty over the identification and authentication of the parties [...]