News & Articles

To extend or offend: Can you extend your sectional title unit?

To extend or offend: Can you extend your sectional title unit?

Owning property in a sectional title scheme requires the sharing of certain spaces with other owners. These shared spaces are typically the common property of the scheme and can be defined as the land or buildings in the scheme which do not form part of any owner’s unit. But what if a unit owner wishes to extend their unit? Can the owner do so and extend their unit onto the common property? In this article, we explore the options available to the unit owner.

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International: Privacy by Design – prioritizing security in business

International: Privacy by Design – prioritizing security in business

In today’s current digital space, safeguarding privacy and ensuring that your business is compliant with the various cyber laws and data privacy regulations is crucial to ensure that business operations are well protected. In this article, PR de Wet and Mishka Cassim, from VDT Attorneys Inc., seek to address some of the most important issues companies face and need to consider on a global scale when addressing privacy concerns.

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South Africa: POPIA and prior authorisation to process personal information

South Africa: POPIA and prior authorisation to process personal information

The Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) requires a responsible party to apply for and obtain authorisation prior to processing certain identified categories of personal information. With POPIA compliance deadlines fast approaching PR de Wet and Hayley Levey, from VDT Attorneys Inc, analyse the POPIA prior authorisation regime.

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South Africa: The development of codes of conduct under POPIA

South Africa: The development of codes of conduct under POPIA

The effective date for South Africa’s data privacy law, the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) is fast approaching and in anticipation of D-Day (1 July 2021), organisations need to address their compliance requirements to avoid possible penalties. PR de Wet and Hayley Levey, from VDT Attorneys Inc, provide an overview of what codes of conduct are and the benefits of subscribing to a code of conduct, following Information Regulator’s recent publication of Guidelines to Develop Codes of Conduct, Checklist for Submission of Application for Approval of a Proposed Code of Conduct, and Standard for Making and Dealing with Complaints in a Code of Conduct.

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South Africa: The role and responsibilities of the information officer under POPIA

South Africa: The role and responsibilities of the information officer under POPIA

By now the news of the commencement date (i.e. 1 July 2020) for the Protection of Personal Information Act No. 4 of 2013 (‘POPIA’) has done the rounds and most persons who are required to comply with POPIA’s provisions are now in the midst of either implementing or updating their compliance frameworks to ensure that by the time the grace period ends and POPIA’s provisions become enforceable, on 1 July 2021, they can reasonably show the Information Regulator (POPIA’s supervisory authority) that their processing activities are compliant with POPIA’s conditions. Arguably, one of the key areas to address in POPIA compliance is the role of the information officer. PR de Wet and Hayley Levey, Director and Associate respectively at VDT Attorneys, outline the key compliance considerations with respect to the appointment and role of the information officer under POPIA.

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South Africa: The Cybercrimes Act, its relationship with POPIA, and compliance

South Africa: The Cybercrimes Act, its relationship with POPIA, and compliance

During December 2021, the South African President signed the Cybercrimes Act, 2020 (Act 19 of 2020) (‘the Cybercrimes Act’) into law. This legislation is the first in South Africa to consider cybercrimes explicitly, and forms part of South Africa’s growing legislative framework on data management. But what impact does the Cybercrimes Act have on organisations operating in South Africa? In this Insight, the first on the topic of cybercrimes, PR de Wet and Davin Olën, from VDT Attorneys Inc, provide an overview and unpack how the new legislation slots into the existing South African regulatory universe, with specific reference to the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’). The article also provides an overview of the applicable business processes which South African companies would need to consider in ensuring compliance with the Cybercrimes Act.

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South Africa: Cloud regulation and POPIA – what remote computing services need to know

South Africa: Cloud regulation and POPIA – what remote computing services need to know

While cloud services had seen small-scale uptake within South Africa prior to 2020, the national working environment was fundamentally challenged by the onset of lockdown regulations following the COVID-19 pandemic. As staff members were required to stay at home, many organisations were obliged to shift their data onto cloud platforms for staff members to continue working. In many instances, this emergency operational modification did not consider the legislative implications of data migrations and, following the relaxation of lockdown regulations, companies have been forced to consider the risk and compliance aspects of their migration.

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South Africa: Processing of children’s personal information in the modern age of technology

South Africa: Processing of children’s personal information in the modern age of technology

Sections 34 and 35 of the Protection of Personal Information Act, 2013 (Act 4 of 2013) (‘POPIA’) deals with the processing of children’s information. PR de Wet and Jako Fourie, from VDT Attorneys Inc., provide a brief overview of the aforementioned sections and requirements with specific emphasis on the higher degree of protection afforded by POPIA with regard to the processing of personal information of children. As a first in a series of articles to follow, this article will explain some practical implications for valid consent being one such requirement, especially in relation to the modern technical age that we find ourselves in today.

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South Africa: AI and data privacy regulations – the complexities of AI technologies and processing personal information

South Africa: AI and data privacy regulations – the complexities of AI technologies and processing personal information

There have been radical developments in various artificial intelligence (AI) models, with ChatGPT being the most prominent. ChatGPT serves as a language-based AI chatbot that uses a set of techniques referred to as deep learning that has continuous learning capabilities. As a result of these revolutionary AI developments, businesses have acknowledged the valuable insights that AI platforms can provide. It facilitates the generation of contracts, marketing content, CVs, articles, essays, and much more. It does so by gathering and processing data sourced from the internet, encompassing large sets of data derived from books, articles, and other online resources. PR de Wet and Jako Fourie, from VDT Attorneys Inc., examine the impact of POPIA on AI developments, with a specific focus on the processing of data by automated means through AI.

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Shining success in pivotal IT sector merger

Shining success in pivotal IT sector merger

In a landmark transaction that promises to redefine the landscape of South Africa’s information technology and telecommunications sector, the M&A Team of PH Attorneys played a crucial role in facilitating the acquisition of a leading cyber security software firm by a multinational enterprise software procurement company. This deal not only marks a significant milestone for both firms involved but also holds implications for the broader African market.

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Leave to Appeal vs Special Leave to Appeal

Leave to Appeal vs Special Leave to Appeal

On 4 April 2024 in the matter of Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (773/2022) [2024] ZASCA 40, our Supreme Court of Appeal (“SCA”) had to address the important difference between an application for leave to appeal and an application for special leave to appeal. In this article, we analyse the SCA’s views in this regard.

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Can Landlords unilaterally charge for additional services?

Can Landlords unilaterally charge for additional services?

The relationship between landlord and tenant can be a complex one fraught with dangers for a careless landlord. In this article, we explore whether a landlord can provide additional value-added services to its tenants beyond the scope of what is outlined in the lease agreement and then unilaterally charge extra for such services or remove existing services without consequence.

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Social media vulnerability: A headache for employers?

Social media vulnerability: A headache for employers?

Personal information has become the currency of the digital economy. Despite growing awareness of the importance of protecting one’s right to privacy, many people find themselves sharing, providing, conveying and divulging information across multiple platforms and devices as part of their daily ritual of engaging, trading and communicating with others. Unfortunately, it is exactly this carefree mindset which plays into the hands of lurking cybercriminals and can also impact employers.

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Personal device use – a red flag for cybersecurity

Personal device use – a red flag for cybersecurity

With Covid-19 having fast-tracked the remote and hybrid working model in many businesses, these flexible methods of work have also increased the scope for employees to use their personal devices to work and remain engaged with their clients and employer. As beneficial as this is for employees and employers, it is not without risk. In this article, we look at personal device use and the potential impact this may have on the cybersecurity environment of a business.

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Why dispute resolution provisions matter in contracts

Why dispute resolution provisions matter in contracts

No one enters into marriage anticipating divorce. Similarly, when parties negotiate and conclude a commercial contract, the last thing on their minds is a dispute that may arise in future. However, just as divorce happens, so contractual disputes are commonplace. Selecting suitable dispute resolution mechanisms in your contract is therefore crucial to navigating any future disputes. In this article, we touch on various dispute resolution mechanisms available to parties involved in commercial contracts.

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The importance of securing your social media account

The importance of securing your social media account

With social media and online platforms driving sales, client engagement and marketing in many businesses, it is small wonder that cybercriminals are increasingly targeting social media and other accounts of businesses. In this article we look at some of the risks businesses may face and basic steps a business can take to make their social media accounts safer.

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Putting ethics and social responsibility back into corporate governance

Putting ethics and social responsibility back into corporate governance

The King IV Report published in 2016 (“King IV”) remains essential to understanding the concept of good corporate governance in South Africa. In today’s times when the media is littered with disreputable reporting and inefficient governance, it is worthwhile to perhaps circle back to King IV and what it holds out as the standard for entities to ensure their corporate governance is ‘above board’.

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Three’s a crowd? SARS, Trusts and Beneficial Ownership

Three’s a crowd? SARS, Trusts and Beneficial Ownership

The General Laws Amendment Act 22 of 2022 (“Amendment Act”) promulgated as part of legislative framework changes by South Africa to curb money laundering, has introduced key changes to the trust environment, requiring extensive beneficial ownership and other reporting by trusts. SARS is also aligning its tax and data collection imperative with these changes by requiring similar reporting as part of trust tax submissions. In this article, we review the impact of these changes on trusts.

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Is the trust dead? Long live the trust!

Is the trust dead? Long live the trust!

Many clients, when we suggest using a trust for their estate or corporate structuring, enquire whether a trust is still a safe option to consider. This question likely stems from the negative publicity trusts have received over the last few years, along with the high taxation imposed by SARS. However, our answer is always the same, if used correctly and for the right purpose, then ‘Yes’, a trust is still a good option to be considered. In this article, we explain why we still consider a trust to be relevant.

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Income Tax Act: Keep an eye on the definition of ‘exchange item’

Income Tax Act: Keep an eye on the definition of ‘exchange item’

In the recent 2024 National Budget speech, Finance Minister Enoch Godongwana made mention of a possible change to the definition of an “exchange item” for determining taxable exchange gains given that certain financial arrangements are eroding the tax base due to a mismatch in exchange losses and gains when it comes to taxable income.

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Tax collection efficiency trumps wealth taxes in the short-term

Tax collection efficiency trumps wealth taxes in the short-term

Speculation surrounding the introduction of formal wealth taxes in South Africa has subsided for the time being. The South African Revenue Service (SARS) appears to have reconciled itself to the recommendations outlined in the “Feasibility of a Wealth Tax in South Africa” Report by the Davis Committee, which underscores deficiencies in wealth information and tax collection as requiring attention and not necessarily additional ‘wealth taxes’ in the short-term. SARS’s intensified focus on collecting clearly indicates its intentions to address this information and tax compliance gap.

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Is a global corporate minimum tax the death knell for offshore structuring?

Is a global corporate minimum tax the death knell for offshore structuring?

Despite uncertainties surrounding global tax reforms, no additional restrictions on exchange control have been proposed in South Africa during the 2024 National budget speech. However, amidst this positive news, concerns linger among taxpayers regarding the introduction of a new effective minimum tax rate of 15% on multinational corporations, sparking questions about its impact on offshore structuring and international estate planning structures, as well as the continuing effectiveness of low tax jurisdictions also known as financial centres. This article delves into the implications of these developments specifically offshore structuring and estate planning strategies.

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