South Africa: IT and Internet

Many Master Services Agreements were drafted before AI became embedded in software products, leaving organizations without contractual frameworks governing how AI operates, how it is trained, or who carries the risk when things go wrong. This article examines the legal and operational risks created by AI-enabled systems and explores how an Artificial Intelligence Contract Addendum can introduce targeted protections to ensure AI is deployed within a clear contractual governance framework.

South Africa's National Consumer Commission Opt-Out Registry introduces a dual compliance framework that requires organisations to satisfy both POPIA's personal information processing requirements and the CPA's pre-emptive marketing blocks. Businesses must fundamentally restructure their technology, data management, and operational processes to prevent prohibited marketing communications from reaching consumers who have exercised their right to opt out.

South Africa's government directive mandates that all government data must reside within national borders when using cloud computing services, creating complex compliance challenges as modern cloud environments often involve cross-border data flows. This requirement forces government institutions and technology providers to carefully examine the entire data lifecycle, from storage and backup to access and processing, while ensuring compliance with the Protection of Personal Information Act.

South Africa's Information Regulator has issued a landmark enforcement notice against mining company Sibanye-Stillwater, directing disclosure of Social and Labour Plan compliance reports under the Promotion of Access to Information Act.

As artificial intelligence systems become embedded in enterprise operations, organisations are discovering that token-based pricing models introduce unprecedented commercial and operational risks.

Mergers and acquisitions teams often overlook critical IT dependencies until late in the transaction process, creating significant post-completion risks.

The success of an IT project relies not only on technical execution but equally on clearly defined responsibilities.

The failure of an IT project is rarely sudden and occurs more often than we would admit. The reasons behind the failure can range from commercial deadlocks...

In a judgment delivered recently in the matter of The Standard Bank of South Africa Limited ("Standard Bank") & Another v Advertising Digital Services (Pty) Limited ("ADS") & Another, the Pretoria High Court granted...