Legal

The EU’s General Data Protection Regulation (GDPR) officially came into force on 25 May, followed by its local cousin, POPIA in the second or third quarter of the year. You may be feeling this already – who hasn’t received a flood of Privacy Policy and Data Protection Policy updates from around the world. Both GDPR and POPIA are set to dramatically change the way South African organisations do business – especially how personal data is handled and stored.

The Labour Court delivered its judgment in the matter of SATAWU and Others v Sihlangene Security & Cleaning CC and Another, whereby the court showed its displeasure for a complete absence of prior procedure followed when dismissing employees. This judgment offers a stern reminder to employers to ensure that dismissals are effected not only for a fair reason, but also in accordance with a fair procedure. Failure to do so may result in a hefty compensation award coupled with a cost order.

"Poor legal writing might result in an injus­tice for a client: a judge might misunder­stand what a lawyer is seeking; an adversary might seize on an ambiguity. To avoid these problems, strive for perfection." Judge Dhaya Pillay opened her judgement with this quote when handing down judgement in a case which dealt with factors beyond the consumer’s control, which had caused non-compliance.

Dependants can’t sue Road Accident Fund where breadwinner dies in single vehicle accident. The surviving wife and children of a breadwinner sued the Road Accident Fund for damages when he died as a result of a single vehicle accident in which the deceased’s negligence was the sole cause of the collision.

Are restraint of trade agreements transferred in terms of a section 197 transfer of business as a going concern? A restraint of trade agreement or undertaking is only transferred in terms of section 197 of the Labour Relations Act if it constitutes a term of a transferring contract of employment.

When you sign up for the Uber app you get the right to use Uber’s mobile application or website to arrange and schedule transportation or delivery services. Uber does not provide transportation nor logistical services as a carrier of people or goods. That relationship is between you and the Uber driver or owner.

No longer the stuff of science fiction - Artificial Intelligence (AI) is (almost) here and is here to stay. So, have you ever wondered what you would do if an AI had to injure, defame, infringe or steal from you?

The clock is ticking for African companies to get ready for the  General Data Protection Regulation. The European Union’s new data privacy regime has massive implications for African organisations.

The role of trust now and in the future… how will technology, such as blockchain, impact contract and business? The basis of our entire legal system has been that people who contract with one another do so inherently based on the existence of trust.

A trade mark adds significant value to your business and as a result can be desired by others. However if not used for a certain period, a trade mark can be vulnerable to cancellation for non-use.