South Africa

The functions of the Information Regulator include:

  • to provide education about the Protection of Personal Information Act, for example, giving advice to data subjects in the exercise of their rights;
  • to monitor and enforce compliance with POPI;
  • to consult with interested parties;
  • to handle complaints;
  • to conduct research and to report to Parliament;
  • to issue

On Wednesday, 7 September 2016, the National Assembly approved the nomination of advocate Pansy Tlakula as the Chairperson of the Information Regulator for the Protection of Personal Information Act 2013 (POPI).

Four other appointments that were approved –

  • full-time members Advocate Lebogang Stroom and Johannes Weapond; and
  • part-time members Professor Tana Pistorius and Sizwe Snail.

The August 2016 first-of-its-kind judgment against South African Airways in favour of Nationwide Airlines, for damages arising from conduct that was held to be an anti-competitive exclusionary act preventing Nationwide from entering into or expanding within the travel market, raises the interesting question whether the loss is insurable by the company and the directors.

Any change of control in an entity which holds an individual electronic communications service licence, individual electronic communications network service licence or radio frequency spectrum licence requires the prior written permission of the Independent Communications Authority of South Africa (ICASA).

Radio frequency spectrum licences

The Radio Frequency Spectrum Regulations 2015 set out the process which

The parliamentary telecommunications and postal services portfolio committee will hold a meeting on “Over-The-Top” (OTT) services on 26 January 2016 with a view to possibly regulating them. Popular OTT services include WhatsApp, Google Hangouts and Skype. Some mobile networks feel it is unfair that these services generate profits by riding on the back of infrastructure

  1. A trust is an arrangement that allows someone to hold assets (without owning them) for the benefit of the trust beneficiaries. The key element of the trust arrangement is the transfer of ownership and control of the trust assets from the donor or founder to one or more trustees who hold the trust assets not

Commendably, South Africa’s new Cybercrimes and Cybersecurity Bill proposes that we take a bold step ahead of contemporary laws across Africa and beyond. Pertinently, clause 19(1) of the Bill proscribes the novel concept of cyberlaundering.

Cyberlaundering is the use of a computer to perform or assist an unlawful financial transaction or a relationship involving property