IT and Data Protection

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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 Cyber Security Bill.

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Expert Contributors
Preeta Bhagattjee

Preeta Bhagattjee is National Practice Head and a Director of our Technology and Sourcing practice area. She holds a BA LLB from University of the Witwatersrand; LLM from University of South Africa (UNISA); LLM from University of Johannesburg and was admitted as an attorney in 1999.
Preeta began her career in 1997 as a candidate attorney at Cliffe Dekker and Todd (now Cliffe Dekker Hofmeyr). In 1999 Preeta was appointed as an associate and promoted to the position of senior associate in 2000. In 2001, she became a director.
Preeta is one of the forefront specialists in our market. Her wealth of clients includes Absa Bank, Old Mutual, Nedbank Limited and FirstRand Bank demonstrates that Preeta maintains her prominence in her chosen field and continues to advise clients on high profile, high risk technology projects.
She has assisted numerous major clients, both within the ICT sector and as customers of ICT services and in both the public and private sector, on technology and communications law, outsourcing and service level agreements, e-commerce law, intellectual property and data protection and privacy issues.
Preeta is widely recognised by the market and is recommended by Chambers Global 2009 to 2016 and Preeta Bhagattjee is ranked as one of the prominent lawyers in the South African IT and Telecoms legal sector. Preeta maintained her Band 1 ranking from 2011 to 2016 and Best Lawyers International South Africa (2011 – 2016) listed Preeta as a 'best lawyer' in Outsourcing.

Simon Watson, Partner, Cox Yeats

Simone Dickson is a director in our Technology and Sourcing practice area. Simone holds an LLB cum laude from the University of Pretoria and was admitted as an attorney in 2004.
Simone began her career as a candidate attorney in 2002 at Weavind and Weavind. Once admitted as an attorney, Simone was employed as a litigation advisor at Outsurance. She commenced employment as an associate with Adams and Adams attorneys in 2005 in the Trade Mark Litigation department. In 2006 Simone was appointed as an associate at Dyason attorneys. She joined Savage Jooste and Adams as an associate in 2007. Simone joined Cliffe Dekker (now Cliffe Dekker Hofmeyr) as an associate in 2008, was promoted to senior associate in 2010 and became a director in 2011.
Specialising in IT law, Simone assists and advises clients on technology, communications and e-commerce law, including intellectual property, data protection, outsourcing and privacy issues. She is highly valued by a large number of South Africa's premier corporates who have come to rely on her relevant, practical advice. Highlights for Simone this past year have included high-profile transactions with significant value for Nedbank, including a transaction relating to its ERP licensing and implementation requirements. Adding credence to her position as a leader within her chosen field is the ever-growing list of clients Simone attracts including LG Electronics, Makro SA, Nedbank, Old Mutual and CapGemini. An integral member of our widely recognised team, Simone brings her vast experience coupled with an innovative and pragmatic approach to her speciality.

Tayyibah Suliman

Tayyibah Suliman is a director in the firm's Technology and Sourcing practice area. Tayyibah holds a BComm and LLB from the University of Johannesburg and was admitted as an attorney in 2010.
Tayyibah began her career in 2008 as a candidate attorney at Hofmeyr Herbstein & Gihwala (now Cliffe Dekker Hofmeyr). She was appointed as an associate in 2010 and was promoted to senior associate in 2012.
Tayyiba is also a member of the Data Protection and Privacy Group. She has as experience with digital media and other mobile industry related agreements and matters, as well as advising on various telecommunications regulatory matters, including drafting regulatory submissions, opinions and applying for licences on behalf of various clients.
Tayyibah was seconded to the Vodacom legal department to assist with digital media and other mobile industry related agreements and matters and also seconded to DLA Piper in the United Kingdom for 6 (six) months in the Intellectual Property and Technology department.

Table of contents.

  • Introduction to technology contracting
  • Regulatory considerations
  • Considerations for technology contracts
  • Cross-border contracts
  • How to protect IP rights in technology contracts
  • Common contractual provisions for technology contracts
  • Acceptance testing
  • Open source software
  • Change control and change management
  • Software licensing agreements
  • Software development agreement
  • Software support agreement
  • Software maintenance agreement
  • Distribution agreements
  • Escrow agreements
  • Software integration and turnkey solutions
  • Hardware supply agreement
  • Hardware leasing agreement
  • Hardware maintenance
  • Hardware distribution
  • Consulting services agreements
  • Service level agreements
  • Outsourcing agreements
  • Technology transfer and assignment agreements
  • Internet and website contracts
  • Contracts relating to mobile applications
  • SAAS, Data bureau and ASP services
  • Cloud computing contracts
  • Understanding IT use policies
  • Introduction to data protection
  • Decoding the POPI legislation
  • Information regulator
  • Operators
  • Cross-border data transfers
  • Enforcement and consequences
  • Direct marketing
  • Exemptions

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