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Lexis® Practical Guidance: IT & Data Protection

Why Lexis® Practical Guidance: IT and Data Protection?

Users get direct access to critical, up-to-date information and guidance that they can rely on.

Practical Guidance IT & Data Protection is a web-based solution that offers convenient guidance on the requirements and processes as detailed in the Personal Information Act 4 of 2013, Electronic Communications and Transactions Act 25 of 2000 as well as from various other pieces of relevant legislation, including the Cybercrimes and Cybersecurity Bill.

This practice area covers the key considerations that need to be taken in to account when contracting in the information technology space. It also discusses the typical types of contracts that are commonly encountered, the requirements of these contracts as well as offering practical guidance and user-friendly resources that comply with the relevant laws that govern the processing of personal information.

In addition to access to current Legislation and Case Law, Practical Guidance IT & Data Protection provides users with helpful resources such as Guidance Notes, Checklists, customisable Forms and Precedents that are applicable to both customers and service providers. Content is authored and updated by expert practitioners, ensuring users have all the need-to-know and up-to-date support they need to navigate the legal world of IT & Data Protection.

With Lexis® Practical Guidance: IT and Data Protection you get:


Convenient online access to:
  • More than 160 Guidance Notes within 39 Topics
  • 65 Forms, Precedents and Checklists – ensuring not a single step is missed
  • Legislation & Case Law – access to relevant cases at the click of a button
  • Practice Directives – know what the procedure is in different courts
  • Other Useful Resources such as flowcharts, external websites and additional readings

Guidance on each step taken in IT & Data Protection:
  • Key contractual terms for software licence agreements
  • Website hosting and maintenance
  • How to protect your information technology (IT) assets via use policies
  • IT contracts and IT use policies
  • Software, hardware, outsourcing, service level, consulting services, echnology transfer and online and mobile agreements
  • Cloud computing
  • Data protection principles
  • The application of Protection of Personal Information (POPI)
  • Decoding POPI
  • Information relating to the information regulator and its obligations
  • Cross-border data transfers
  • Offences and enforcement under POPI
  • Practical considerations for businesses under POPI

Guidance Notes

Useful reference material that offers direct access to relevant case law, legislation and commentary works, and practical know-how on specific areas within IT and Data Protection.

A few key guidance notes are outlined below. The full list can be viewed in the complete table of contents.


Key Contractual Terms for Software Licence Agreements

Software licences are typically used when licensing commercial software. This guidance note deals with most important terms and information needed to construct an agreement. Attorneys and legal advisors would find this resource invaluable due to the inclusion of the following content:

  • The subject of the software agreement - would be required to correctly and clearly describe the software application being licensed
  • The scope of the licence and licence free
  • Software warranties and how warranty periods are stipulated
  • Acceptance testing
  • The licensee's undertakings and the restrictions placed on the licensee's use of the software
  • The licensor's liability
  • Intellectual property rights and indemnities
  • Source code escrow arrangements

Sample clauses of each of the above terms are provided as well as an editable precedent of a software licence agreement.


Website Hosting and Maintenance

The legal implications and understanding of website hosting and maintenance is niche information for most legal advisors and information technology associations and institutes. This guidance note makes this information accessible to all users by offering step-by-step guidance on the technical know-how and providing relevant information in an easy to understand manner.

From a website owner's perspective there are various aspects that need to be considered in relation to hosting:

  • Security concerns such as whether a customer requires a shared or private hosting service. A practitioner or advisor would need to understand the difference so as to properly advise their client as well as inform them of the repercussions of this choice.
  • A website is dependent on the hosting supplier for the availability of the website as well as the visibility of the website content. Host availability, data backups and supplier efficacy can therefore greatly impact the reputation and corporate identity of an organisation. Practitioners need greater understanding of hosting suppliers so as to successfully advise clients who own websites.
  • Suppliers who provide website maintenance would require autonomy to perform maintenance but with this comes with a set of risks. This guidance note outlines the options available to a client to grant suppliers with rights and the impact of each of the options.

Practical Aids

Precedents, checklists and forms that can be used to offer advice confidently and execute tasks accurately.
A few key resources are listed below. The full list can be viewed in the complete table of contents..

  • Software licence agreement – Essential for
  • licensing of software between two parties
  • Software development agreement
  • Software support services agreement
  • Software maintenance agreement
  • Software distribution agreement
  • Source code escrow agreement
  • Outsourcing agreement
  • Hardware supply agreement
  • Hardware leasing agreement
  • Hardware maintenance agreement
  • Hardware distribution agreement
  • Consulting services agreement
  • Service level agreement
  • Example of a specific disclaimer for websites
  • – detailing specific terms that a customer could use
  • Example of a general website disclaimer
  • – containing general terms that a customer could use

Authors










Preeta Bhagattjee
Tayyibah Suliman

BA LLB (University of the Witwatersrand), LLM (UNISA), LLM (University of Johannesburg)

Preeta Bhagattjee is a director and National Head of Cliffe Dekker Hofmeyr's Technology and Sourcing practice. Preeta is one of the forefront specialists in the market and, having been recommended by Chambers Global 2009 to 2016, is ranked as one of the prominent lawyers in the South African IT and Telecoms legal sector. Preeta has assisted numerous major clients in both the public and private sector, and both within the ICT sector and as well as customers of ICT services.


BComm LLB (University of Johannesburg)

Tayyiba Suliman is a director in Cliffe Dekker Hofmeyr's Technology and Sourcing practice and is also a member of the Data Protection and Privacy Group. Tayyiba was seconded to the Vodacom legal department to assist with digital media and other mobile industry related agreements and matters and was also seconded to DLA Piper in the United Kingdom for six months in the Intellectual Property and Technology department.


Time is scarce and the law is ever changing. Keeping pace with the shifts is a job unto itself but, chances are, it is not your only job. 

Curated by top South African legal experts, LexisNexis® Practical Guidance™ helps you navigate dynamic legal terrain by delivering practical aids for your everyday concerns in one convenient platform. 

It saves you time and energy so you can focus on the expertise that only you have.


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