legal advice

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

Corporate Governance: Index (Part 1)

This is an index of some legal resources related to the broad concept of corporate governance, which includes fairness, accountability, responsibility, transparency, and risk management: 2005 ONWARDS [Constitutional Court] Sidumo v Rustenburg Platinum Mines Ltd (GF 6778) [Navsa AJ et [...]

By |2019-08-24T11:17:56+02:00October 22nd, 2008|Categories: Governance|Tags: , , , |

Copying from online databases without consent

If a website provider includes databases on its site, can it stop other people from using or reproducing data from those databases? Yes. A database is protected as a literary work under the Copyright Act 98 of 1978 whilst computer [...]

By |2022-10-25T14:06:52+02:00October 21st, 2008|Categories: Intellectual Property Protection|Tags: , , , , , |

What can’t be advertised on the Internet?

Are there any products or services that may not be advertised or types of content which are not permitted on the Internet? In terms of ASA, the following has been identified as unacceptable advertising: Advertisements that play on fear ( [...]

What rules govern advertising on the Internet?

The Advertising Standards Authority (ASA) governs and regulates advertising in South Africa. It is an independent body set up by the marketing communications industry to regulate advertising through a system of self regulation. The Code of Advertising Practice is the [...]

By |2023-07-13T13:47:07+02:00October 9th, 2008|Categories: Marketing 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 [...]

The Law vs Unsolicited Commercial Communications

(First published on 18 August 2003) Unsolicited commercial communications, also known as "SPAM", whether in the form of e-mail, SMSs or instant messages, have been described as being the mosquitoes of the Internet - numerous, annoying and often carrying objectionable [...]

By |2022-12-19T09:50:05+02:00September 20th, 2008|Categories: Marketing Law|Tags: , , |

Privacy: Index (Part 1)

This is an index of legal resources related to Privacy (especially regards the workplace) as at 6 September 2008. Electronic Communications - email, entrapment, internet, SMS, tapping Note: See "Code of Practice on the Protection of Workers' Personal Data" [ILO, [...]

Measures to be taken by companies to guarantee security of Internet transactions

Section 43(5) of the ECT Act requires the supplier in an electronic transaction to "utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned." [...]

How does the law recognise or define e-signatures?

The ECT Act defines an electronic signature as data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a signature. The ECT Act recognises the contractual freedom of parties [...]

By |2019-08-24T11:47:07+02:00August 14th, 2008|Categories: Electronic Signature Law|Tags: |

Consumer protection provisions of the ECT Act

Chapter VII of the ECT Act deals with consumer protection and applies only to electronic transactions. The following sections of the ECT Act of of particular relevance regards a consumer's right of cancellation: Scope of application 42. (1) This Chapter [...]

Legal concept of a “record”

There is currently no definition of "record" that is universally used by all organisations.  The simple reason for this is that definitions serve the community that they are created by and each community has different needs. What is a record? [...]

By |2022-11-15T18:05:31+02:00October 25th, 2007|Categories: Information Law|Tags: , , , |