Territorial application of the EU’s Data Protection Regulation

This article is the first in a series looking at the reach, and the limits, of various data protection regimes.

InsightsIan Jacobsberg18 February 2021Regulatory, Ian Jacobsberg, Loatile Baiphaphele

What constitutes a “transfer” of personal information?

Upon inspection of POPIA and the GDPR, it becomes evident that the term “transfer” is not defined. In the absence of a definition, some uncertainty is created as regards what constitutes a “transfer” of personal information.

InsightsMatthew Davis28 October 2020Regulatory, data protection, Ian Jacobsberg, Matthew Davis

Arbitration under the Petroleum Products Act – the limits of the arbitrator’s discretion

The limitation on the powers of the courts and arbitrators has led to a great deal of dissatisfaction in the fuel industry, with many dealers complaining of oppressive conduct by the wholesalers whom they see as taking advantage of their relatively much greater economic power.

InsightsIan Jacobsberg16 October 2020Corporate Mergers & Acquisitions, Ian Jacobsberg

Is an electronic signature valid when signing a franchise agreement?

In South Africa, a franchise agreement may be concluded by electronic means when certain criteria are met.

InsightsIan Jacobsberg09 September 2020Corporate Mergers & Acquisitions, Ian Jacobsberg, Ruan Macleod

Every step you take, we’ll be watching you: CCTV and data privacy

The Western Cape Government is in the process of developing a provincial legislative framework that will govern the use of CCTV cameras both on private properties and in public areas.

InsightsZinhle Novazi14 August 2020Zinhle Novazi, Marco Schepers, Ian Jacobsberg, Regulatory

International data transfers: What are the ‘adequate levels of protection’ required by POPIA?

Significance that a recent European Union Court of Justice decision may have on the way in which POPIA is applied in South African courts, specifically in relation to cross-border transfers of personal information.

Contract terms, public policy and the Constitution – the Constitutional Court resolves the debate

The judgment goes some way to resolving a longstanding debate on the role of constitutional values in determining the validity of contractual terms.

Restructuring your data retention practices: what you should be thinking about

GDPR and POPIA regulation has made it imperative for companies and product developers to think about restructuring their data protection systems.

A new dawn in public procurement legislation: Comments on the Draft Public Procurement Bill extended

The Draft Bill aims to simplify the confusing and fragmented rules that currently regulate public procurement processes across the Public Administration, which is presently decentralised, into a single unified process that will be simple for bidders and supply chain officials to understand.

Protection of Personal Information Act becomes effective

The substantive provisions of POPIA, which spell out the rights and obligations of persons and companies collecting and using the personal information of others, are to come into effect from 1 July 2020

Are franchisors 'property practitioners' when assisting franchisees to sell their businesses?

The question arises whether a franchisor can be deemed to be an “estate agent” under the EEA Act, or a “property practitioner” under the PPA. We discuss the circumstances of each in this article.

Whose App is it Anyway? Ownership of copyright in computer-generated materials

App developers need to be aware of legal ambiguities related to the copyright of work, and put safeguards in place to protect their knowledge, skills and efforts.

Credit Agreements and Collection Costs: Claiming Legal Fees

A recent judgment in the Western Cape High Court deals with the limitation on collection costs that a debtor can be charged in terms of a credit agreement under the National Credit Act.

The Competition Act: Price Discrimination

The regulations on price discrimination provide clarity defining price discrimination, establishing whether a contravention has occurred, and whether it is likely to impede effective participation by the “designated class” of consumers which the Legislature has identified as deserving of specific protection.

The Competition Act: Dominance and its abuses

Dominant firms are also prohibited from engaging in price discrimination and exerting unfair buyer power. Recently, these provisions have been amended to include specific protections for small and medium sized businesses.

The Competition Act: Buyer Power

While the price discrimination regulations intend to protect “designated class” purchasers in the downstream market, the buyer power regulations intend to protect designated class suppliers in the upstream market.

What do you know...and what can you do with it? [Part 3]

This is the third in a three-part series of articles discussing GDPR, POPIA regulation and compliance as relevant to data privacy and protection, and the management of data breaches.

What do you know...and what can you do with it? [Part 2]

This is the second in a three-part series of articles discussing GDPR, POPIA regulation and compliance as relevant to data privacy and protection, and the management of data breaches.

What do you know...and what can you do with it? [Part 1]

This is the first in a three-part series of articles discussing GDPR, POPIA regulation and compliance as relevant to data privacy and protection, and the management of data breaches.

Can a restaurant be liable for allergens in food ingredients?

A restaurant may find itself liable for injury to, or death suffered by, a customer as a result of an allergen present in dishes that it serves.

InsightsIan Jacobsberg26 September 2019Ruan Macleod, Corporate Mergers & Acquisitions, Ian Jacobsberg

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