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Don’t be caught with your PAIA manual down

12 Jul 2022
BY Era Gunning
In terms of PAIA, a head or information officer who wilfully or in a grossly negligent manner fails to comply with these provisions commits an offence and is liable, on conviction to a fine, or impri…
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Gathering personal information under FICA and how this relates to POPIA

12 Jul 2022
BY Era Gunning
Framework on how the FICA regulations will be affected by the new privacy laws as a result of the Protection of Personal Information Act, 2013.
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Getting immersed in the Metaverse

12 Jul 2022
BY Ridwaan Boda, Priyanka Naidoo
The Metaverse has the potential to disrupt virtually all sectors of the economy and presents an opportunity for commercial exploitation by large corporations.
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Termination assistance

12 Jul 2022
BY Kayla Ferreira, Ridwaan Boda
The termination or expiration of a contract should not be a material threat to the continuation of business operations.
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Straight shot to the courts for consumers litigating under the CPA?

12 Jul 2022
BY Wandile Ndabambi
In the case of Steynberg v Tammy Taylor Nails Franchising 2022, the High Court concluded that it has jurisdiction to deal with a complaint in terms of the CPA.
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Trade marks oceans apart

05 Jul 2022
BY Tevin Jones
When comparing trade marks to determine whether they are confusingly similar, we assess their visual, phonetic and conceptual similarities. A recent case shows that conceptual similarity is the most …
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Copyright: not just for mavericks

05 Jul 2022
BY Gaelyn Scott
Top Gun, Mariah Carey and Rodriguez: here are some of the latest stories in copyright.
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Gibson guitars: in good shape

05 Jul 2022
BY Fae Hassan
It is important not only to protect unique product shapes, but also to timeously enforce your rights in the shape to prevent dilution of the brand by sale of illegitimate knockoffs by third parties.
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Think Different? Sorry, but the “use it or lose it” rule applies to you too

05 Jul 2022
BY Delene Bertasso
We frequently discuss the requirement that trade mark owners must use their registered trade marks. We do this because the consequences of failing to adhere to the so-called “use it or lose it” rule …
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The FSCA is working on reforming legislation ahead of the anticipated COFI Bill

05 Jul 2022
BY Jessica Blumenthal, Talia Cullinan
While the COFI era slowly pulls into focus and the FSCA gears up in preparation for the COFI Bill’s enactment, all financial sector participants will need to prepare to face the upcoming legislative …
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POPIA: do not allow yourself to be the first example of the regulator’s bite

05 Jul 2022
BY Rakhee Dullabh, Era Gunning
Given the warning from the Regulator, now is a good time to conduct a POPIA and PAIA health check, including on your organisation’s direct marketing practices, security measures and PAIA manuals, to …
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CCMA boldly declares vaccine mandates unconstitutional: employers, panic not

01 Jul 2022
BY Lauren Salt
Employers must ensure that in any dispute relating to the reasonableness of the policy, they are able to lead evidence regarding the justification of mandatory vaccination in the workplace.
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Do shareholders need to give reasons for removing a director?

28 Jun 2022
BY Aslam Moosajee, Shenaaz Munga
It is left to be seen which judgment the other High Courts follow and hopefully, the issue will one day be considered by the Supreme Court of Appeal and the Constitutional Court.
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A reminder that consistency is key for employers when dealing with harassment in the workplace

28 Jun 2022
BY Kerry-Anne do Couto, Suemeya Hanif
Given that the new Code provides that an employee may be found guilty and dismissed for a single incident of harassment, it is important that employers develop clear policies and procedures on harass…
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Court confirms that employers may be able to claim damages from an employee’s pension fund

28 Jun 2022
BY Samantha Bonato
A new judgment has confirmed that money held by pension funds to be paid to employees upon their termination of employment is not untouchable.
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