legal advice

General legal advice that we give (our insight) on our focus areas

Protection of Personal Information Bill – the implications for you

Are you wondering what the implications of the Protection of Personal Information Bill are for you? On the one hand, virtually every organisation processes personal information - it is an important part of the business. Up until now, there have been very [...]

Privacy Law approved by Cabinet

On Friday 14 August 2009, the Protection of Personal Information Bill was passed by Cabinet. To understand the path that the Bill will now have to follow through Parliament before it comes into law, read our post on "The Life [...]

Consumer Protection in electronic transactions: ECT v CPA

We told you previously that the Consumer Protection Act 68 of 2008 (CPA) has been signed into law and will become operative on 24 October 2010. The CPA will give consumers lots of rights and protection where in the past [...]

Privacy: will the wait soon be over?

The Protection of Personal Information Bill (POPI or PPI Bill) has been a topic of discussion in the industry for many years now. Many people have been wondering when it will become law and what its current status is.  There has [...]

By |2022-12-20T11:40:47+02:00June 24th, 2009|Categories: POPI and Data Protection|Tags: , , |

Cyberbullying v Freedom of Speech

Many people around the world reacted strongly against "cyberbullying" or cyber-bullying after the suicide of Megan Meier in 2006. She committed suicide after alleged online harassment by a fictitious "teen boy" who turned out to be the mother of a [...]

By |2019-08-02T10:24:53+02:00April 28th, 2009|Categories: Cybercrime|Tags: , , , , , |

Automatically unfair termination

Know, understand and apply the principles for determining the “dismissals”  regarded as automatically unfair, in the sense that employers are not able to defend any such “dismissals”. Persons who prove: an employment relationship, a “dismissal” and automatic unfairness are entitled [...]

By |2019-08-02T10:47:31+02:00February 20th, 2009|Categories: Labour Law|Tags: , , , |

Who owns the copyright in website posts?

A common issue nowadays is who owns the copyright in content posted to website posts or blogs - content in the form of text, visual images or the like, where a website allows this sort of participation by users. We [...]

By |2019-09-03T21:46:53+02:00February 18th, 2009|Categories: Information Law, Intellectual Property Protection|Tags: , , |

Can I read documents on your PC?

Company X receives a complaint that an employee sends out a lot of pornographic pictures which offend lots of other users. Will it infringe Mr Employee's right to privacy if it accesses the employees computer to investigate the complaint? Would [...]

By |2019-08-24T10:50:08+02:00November 2nd, 2008|Categories: Monitoring 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 [...]