Legal updates and opinions
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Do not call me I’ll call you …… South Africa’s 2026 CPA Amendment Regulations: operationalising the national opt‑out regime for direct marketing and shifting day‑to‑day anti‑spam responsibility to the National Consumer Commission
The Consumer Protection Act Amendment Regulations, 2026 deliver the long‑awaited operational framework for South Africa’s statutory opt‑out regime by establishing a National Consumer Commission ("NCC") administered [...]
The AI Governance Stack and South Africa’s Draft National AI Policy: An Operational Gap in Search of a Framework
Author's Note I am presently reading Noah M Kenney's Governing Intelligence: Law, Privacy, Security, and Compliance,[1] and it has given me genuine cause to reflect, which [...]
Speak now or forever hold your peace. The draft AI policy has been published and parties have 60 days to comment
by Ahmore Burger-Smidt, Director and Head of Regulatory On 10 April 2026, South Africa's Department of Communications and Digital Technologies published its Draft National Artificial Intelligence [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 4 – Exchange Control Update
by Deon Griessel, Director, Armand Swart, Director, Hlonelwa Lutuli, Associate and Khanyisa Tshoba, Associate In our previous article published on 28 October 2025, we identified the [...]
NCR Throws a Lifeline to Consumers Required to Pay Premiums for Mandatory Credit Life Insurance
by Dylan Cunard, Director and Brendan Olivier, Director In a much-needed victory for hard-pressed consumers, the National Credit Regulator ("NCR") has recently published a non-binding opinion [...]
CCTV Footage: What the Information Regulator’s Draft Code Means for Surveillance Governance
by Ahmore Burger-Smidt, Director and Head of Regulatory We are rapidly entering the age of no privacy, where everyone is open to surveillance at all times; where there [...]
Part 2: The “One-Shot” Pre-Merger Consultation in South Africa. Preparation, Risk, and the Question no-one is asking
by Ahmore Burger-Smidt, Director and Head of Regulatory Confidentiality and gun-jumping - the tension at the heart of the process The one-shot design of the pre-merger [...]
Celebrating International Data Privacy Day: “12 years of POPIA – what next?”
by Tebogo Sibidla, Director On 28 January 2026, the global community celebrated International Data Privacy Day. This year, its commemoration landed in a world where privacy [...]
Unpacking the Significant Proposed Changes to the “Generic” Codes of Good Practice (“Codes”) on Broad-Based Black Economic Empowerment (“BBBEE”)
by Pieter Steyn - Director The Codes set out the methodology for calculating a firm's BBBEE rating. Significant changes have been proposed to cater for [...]
Global developments in gambling, betting and e-sports regulation: Lessons for South Africa
by Tebogo Sibidla, Director Like many other sectors of the economy that rely on technology, online gambling, gaming and betting have grown much faster than lawmakers [...]
The Road Ahead: The SCA Gives Green Light to Vehicle Lenders “On the Road Fees” Under the NCA – Subject to Strict Disclosure Requirements
by Armand Swart, Director In a recent judgment, the Supreme Court of Appeal ("SCA") considered if, in terms of the National Credit Act No 34 of [...]
Cracking Down or Catching Up? South Africa’s Approach to Crypto Regulation: Part 2 – Financial Services and FICA
Crypto assets ("crypto") exist in a unique regulatory space. Unlike traditional currency, crypto is not issued by central banks. Crypto can however be used in similar [...]
The Consequences of Lessons not Learnt – A Cautionary POPIA Tale
by Dakalo Singo, Director & Head of Pro Bono and Ahmore Burger-Smidt, Director & Head of Regulatory “All men make mistakes, but a good man yields [...]
Back to the Future: What data protection developments were there in 2024, and what lessons should SA businesses take into 2025 and beyond?
2024 was a big year for data protection in South Africa. The Information Regulator issued various enforcement notices and published draft regulations and guidance notes. There [...]
Privacy. Who is looking after the children?
As we celebrate International Privacy Day on 28 January 2025, we are called to look inward and ask how the Protection of Personal Information Act, 2013 [...]
Hey POPIA, is the publication of a person’s HIV status, positive or negative?
The right to privacy and the rights of public figures came before the court in the case of Tshabalala-Msimang versus Makhanya[1]. In this case, the Sunday [...]
Error 404 – when facial recognition does not see you – a tale of how R1, R2 and R7 wages were paid for a week’s work
Since its inception, facial recognition technology has been regarded as the future for security, safety, technology and innovation.[1] Indeed, the possibilities that arise from the usage [...]
Cybersecurity Breaches vs The SABS Breach of “Standards”
Issues of maladministration and mismanagement at the South African Bureau of Standards ("SABS") have been the subject of much contestation in the recent months and consequently, [...]
No, you cannot do and say whatever you feel like! Even if you are the scorned lover or wife
The internet and digital platforms have significantly impacted privacy rights and the legal landscape. Social media, blogs, and other online forums, the cyber landscape, has left [...]
Further into Africa…Botswana enacts a “new” Data Protection Act. Does this spell a new dawn?
On 29 October 2024, Botswana's "new" Data Protection Act 18 of 2024 ("the new DPA") was published in the government gazette and came into effect. Prior [...]
A tale of cybersecurity blame, who bears responsibility?
Who is responsible for the payment of loss arising from cyber fraud, specifically when an email correspondence is intercepted by a scammer and banking details are [...]
Direct marketing Guidance Note issued, but only the future will tell
On 04 December 2024, the Information Regulator ("Regulator") published the long-awaited Guidance Note on Direct Marketing ("Guidance Note") in terms of the Protection of Personal Information [...]
Going nowhere fast, proposed amendments to the direct marketing regulations under the CPA published, and your comments are sought!
On October 28, 2024, the Department of Trade, Industry and Competition (dtic) published draft amendments to the regulations under the Consumer Protection Act 68 of 2008 [...]
When Mergers Merge: Guidelines on Indivisible Transactions
The Competition Commission (the Commission) has released its final guidelines on indivisible transactions (the Guidelines). These guidelines are crucial for understanding the Commission's approach to determining whether [...]
Turning the wheel, final automotive aftermarket guidelines issued!
The Competition Commission ("Commission") has recently issued final Guidelines for Competition in the South African Automotive Aftermarket ("Guidelines") first published in December 2020 and revised by [...]
