Electronic Law

The Wild West is Dead; Long Live Data Protection

The Trade Law Centre of South Africa (Tralac) has just published an article on the impact of the start of South Africa's Protection of Personal Information Act (POPIA). The article, which is written by Paul Esselaar, considers some of the impacts that the advent of data protection in South Africa will have on digital trade, in particular considering the interaction between data protection and African Continental Free Trade Area (AfCFTA). 

Cybercrimes Bill that much closer to becoming an Act

The National Council of Provinces has amended the Cybercrimes Bill again and sent it to the President for approval. In general all the amendments to the Cybercrimes Bill were passed by majority vote. Some of the more significant amendments include: 

Cybercrime and information security law

It seems likely that the Cybercrime Bill will be signed into law soon and when that happens companies and individuals will need to be careful to be aware of the changes. Some surprising changes such as criminal charges just for forwarding nude images and dealing with the new powers that the police have will be canvassed by Paul Esselaar and Dominic Cull during this course. 

Protection of Personal Information Act published

The Protection of Personal Information Act (POPI) No. 4 of 2013 has finanally been published in the Government Gazette. This means that the POPI is now an Act of Parliament (and so a law of South Africa) but no commencement date has been published yet. The commencement date is a short notice in the Government Gazette as which is signed by the President of South Africa. In terms of s114 of POPI all companies will have 1 year after the commencement date to ensure that they comply with the requirements of POPI.

 

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