Be aware of the laws in South Africa that apply to email

Be aware of the laws that apply to email
John Giles
ICT lawyer
john@michalsons.com
083 322 2445
t. 086 011 1245
skype. johngiles
www.OnlineLegal.co.za
www.MichalsonsAttorneys.com

Thank you

The goal today

King III

What must your organisation comply with?

Ignorance of the law is no excuse
You should have a working understanding of the effect of the applicable laws, rules, codes and standards on the company and its business.
The induction and ongoing training programmes should incorporate an overview of and any changes to applicable laws, rules, codes and standards.
You should sufficiently familiariseyourself with the general content of applicable laws, rules, codes and standards to discharge your legal duties.
You should understand the context of the law, and how other applicable laws interact with it.

Who needs to be aware?

Impossible Task?

Overwhelmed?

The benefits of being aware?

Monitoring email in the workplace
“in the course of the carrying on of any business” but requirements
Consent
Cyber crimes

Email as evidence
Is allowed!
Reliability
Integrity
Originator

ECT Act

Production of an email
If the law requires you to produce a document or information, you can produce that document in the form of an email if at the time that the email was sent:1. the method of generating the email provided a reliable means of assuring the maintenance of the integrity of the information contained in the email; and2. it was reasonable to expect that the information contained in the email would be readily accessible so as to be usable for subsequent reference.

Conclusion of agreements by email

Personal Information and email

POPI Bill

Retaining and archiving email

An Information System

PAI Act

Compliance is a process
Be aware of ICT laws
Assess where you are (assessments)
Determine the gap between reality and compliance (gap analysis)
Find solutions
Implement solutions to ensure compliance
Ongoing review

For guidance, to ask questions and find further information

Thank you
John Giles
john@michalsons.com
Michalsons Attorneys can help apply email laws to your specific circumstances
www.MichalsonsAttorneys.com
“ICT Law with Insight”
Copyright © Michalsons 2002-2009
The information contained in this presentation is subject to change without notice. Michalsons makes no warranty with regard to the material, including the implied warranties of fitness for a particular purpose. Michalsons will not be liable for errors or for incidental or consequential damages in connection with this material. This document contains proprietary information that is protected by copyright. All rights are reserved. No part of this document may be photocopied, reproduced, or translated to another language without the prior written consent of Michalsons. This document is an unpublished work protected by the copyright laws and is proprietary to Michalsons. Disclosure, copying, reproduction, merger, translation, modification, enhancement, or use by any unauthorised person without the prior written consent of Michalsons is prohibited. Contact John Giles at john@Michalsons.com for permission to copy.

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Be aware of the laws in South Africa that apply to email

by Lance Michalson on Nov 24, 2009

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Be aware of the laws in South Africa that apply to email — Presentation Transcript