by Paul Esselaar | Jun 11, 2024 | Copyright, Data Protection, Litigation
I was recently contacted by a client who had the following problem: Earlier this year she contacted a photographer and asked the photographer to take some photographs of her, her husband and their two small children. They agreed by means of Whatsapp on a price and a...
by Paul Esselaar | Apr 8, 2024 | Data Protection, Protection of Personal Information
The recent release of the Material Transfer Agreement by South African National Health Research Ethics Council (NHREC) has elicited some criticism from co-author Paul Esselaar for failing to fully consider existing South African data protection legislation, amongst...
by Paul Esselaar | Jun 26, 2023 | Legal Articles
According to the South African Government News Agency (SANews) the Financial Services Laws General Amendment Bill was tabled in Parliament last week. In short, ‘the Bill, which was released for public comment in March, addresses urgent issues in eleven financial...
by Paul Esselaar | Jun 26, 2023 | Banking and Finance Law, Legal Articles
The Financial Services industry is in a state of flux. The Financial Services Laws General Amendment Bill (FSLGAB) was tabled in parliament on 25 September 2012. The aim of the Bill is to ensure that ‘South Africa has a sounder and better regulated financial services...
by Paul Esselaar | Jun 26, 2023 | Legal Articles
South Africa has long been the wild west for direct marketers. Large databases of customer information are still being traded (often for startling sums of money) with no regard for the privacy of consumers (data subjects) or their right to know who has their personal...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law, Legal Articles
In November 2021 the Supreme Court of Appeal provided a judgment (Bayport Securitisation Limited and Another v University of Stellenbosch Law Clinic and Others (507/2020) [2021] ZASCA 156 (4 November 2021)) which – surprisingly – seems to have largely gone...