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NDA residuals clauses – can memory undermine confidentiality?

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A Non-Disclosure Agreement (NDA) creates a protected space in which parties can exchange commercially sensitive information. Yet a few apparently innocuous words dealing with information retained in “unaided memory” may materially reduce that protection. In extreme cases, they may undermine the commercial purpose of the NDA itself.

Is it still a secret? – governance when AI reconstructs undisclosed...

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For decades, businesses assumed that information in the public domain was harmless. Artificial Intelligence (AI) has ended that assumption. By aggregating thousands of public data points, AI can reconstruct strategy, pricing and expansion plans. Under the King V Report on Corporate Governance for South Africa, protecting confidential value in this environment has become a board-level governance responsibility.

Pharmacy technology – balancing innovation with trust

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South Africa’s pharmacy sector stands at a pivotal crossroads. It must navigate regulatory pressures, rising patient expectations and a rapid shift to digital healthcare. Innovation promises improved efficiency and better patient outcomes. However, stability remains critical. Without it, even the most advanced technologies can fail.

Mandatory mediation to ease court backlogs

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In a bold move to overhaul a justice system buckling under the weight of unprecedented gamesmanship by defendant counsel in delaying court dates, South Africa's high courts will institute mandatory mediation for civil cases before any trial dates are assigned. This sweeping directive was issued on 14 April and is slated to take effect in May 2025.

Mental Health First Aid – what companies should be investing in

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Mental health statistics indicate a global crisis, but awareness is steadily rising. It is crucial for companies to explore how they can bridge the gap between where they are and where they should be. In 2019, the World Health Organisation stated that 15% of working-age adults were estimated to have mental health issues. This massive figure translates into a loss of 12 billion working days and US$1 trillion annually in lost productivity.

Remote work checklist – best practices for a safe home office

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Remote work has become a new reality for many professionals. Employees, ranging from designers to accountants, often handle sensitive information, which presents a risk of compromise when operating outside an office environment. To help navigate these challenges, we have compiled a checklist that empowers remote employees to work in comfort while maintaining data security.

Lease audits unlock compliance challenges and savings benefits

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The lease stands as the cornerstone of occupier-landlord relationships in commercial real estate. Yet beneath the surface of these meticulously drafted documents lies a complex web of financial obligations and legal stipulations that can easily become tangled. The more leases an organisation has, the higher the risk of costly trip-ups.

Public procurement agreements should not have confidentiality clauses

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The Promotion of Access to Information Act 2 of 2000 (PAIA) is an empowering piece of legislation and allows that secretes cannot be hidden in the shadows. The matter of The Health Justice Initiative vs The Minister of Health provides insight from a regulatory point of view, not only since it has consequences for the privacy and information regime but also the procurement regime.

NHI Act – long road ahead of litigation likely

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President Ramaphosa has promulgated the National Health Insurance (NHI) Act. The NHI, in its bill form, has been controversial since its introduction and has attracted significant critique from various stakeholders. It is therefore likely that the Act will be the subject of fierce litigation, sooner or later.

Are telecom companies avoiding audits?

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The time has come for South African telecommunication companies to face greater scrutiny. With data prices higher in South Africa than in many other African states, these companies should be more accountable to their customers. Yet this is not happening.

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