electronic transactions

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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? There are a number of sections in the Consumer Protection Act that allow goods to be returned, but it is important to note that there is no [...]

By | July 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 | November 26th, 2012|Categories: IT Law|Tags: , , |

IT Contracts in the Cloud (Part 2)

We like to keep our website up to date and useful. This means that sometimes content needs to be retired. This content is taking a well-earned rest. If you would like to find out more about cloud computing please take [...]

By | April 27th, 2012|Categories: IT Contracts|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 | October 24th, 2011|Categories: IT Contracts|Tags: , |

The Law regards Automatic and Electronic Processes

Many organisations are taking processes and looking to see how they can do them electronically and automatically. There are obviously huge benefits in using electronic processes - saving time and money being the most obvious. For example, many organisations are implementing the Companies [...]

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 | January 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 | October 1st, 2010|Categories: Media Law|Tags: , |

IT Contracts in the Cloud (Part 1)

We like to keep our website up to date and useful. This means that sometimes content needs to be retired. This content is taking a well-earned rest. If you would like to find out more about cloud computing please take [...]

By | May 17th, 2010|Categories: IT Contracts|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 | December 5th, 2009|Categories: IT 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 | October 28th, 2009|Categories: Electronic Communications Law|Tags: , , |