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

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Presenting the laws in South Africa that apply to email and applying them to a few interesting topics.

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  • Thank you for being here and welcome. This is not the reaction that I hope I get from you. When considering attending a presentation by a lawyer talking about the law, many people think boring. I hope you enjoy the seminar and that you become more aware of [ICT/email/PPI] laws. Before we continue I’d like to get a better idea of the audience and who is here. Who is a director? How many compliance officers are there? Any risk managers?Security officers?How many CIOs?Any IT Managers?How many IT Governance professionals?Are there any lawyers or legal advisors in the audience?
  • Be aware of the laws in South Africa that apply to email

    1. 1. Be aware of the laws that apply to email<br />John Giles<br />ICT lawyer<br />john@michalsons.com<br />083 322 2445<br />t. 086 011 1245<br />skype. johngiles <br />www.OnlineLegal.co.za<br />www.MichalsonsAttorneys.com<br />
    2. 2. Thank you<br />
    3. 3. The goal today<br />
    4. 4. King III <br />
    5. 5. What must your organisation comply with?<br />
    6. 6. Ignorance of the law is no excuse<br />You should have a working understanding of the effect of the applicable laws, rules, codes and standards on the company and its business.<br />The induction and ongoing training programmes should incorporate an overview of and any changes to applicable laws, rules, codes and standards.<br />You should sufficiently familiariseyourself with the general content of applicable laws, rules, codes and standards to discharge your legal duties.<br />You should understand the context of the law, and how other applicable laws interact with it.<br />
    7. 7. Who needs to be aware?<br />
    8. 8. Impossible Task?<br />
    9. 9. Overwhelmed?<br />
    10. 10. The benefits of being aware?<br />
    11. 11.
    12. 12. Monitoring email in the workplace<br />“in the course of the carrying on of any business” but requirements<br />Consent<br />Cyber crimes<br />
    13. 13. RICA<br />
    14. 14. Email as evidence<br />Is allowed!<br />Reliability<br />Integrity<br />Originator<br />
    15. 15. ECT Act<br />
    16. 16. Production of an email<br />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.<br />
    17. 17. Conclusion of agreements by email<br />
    18. 18. Personal Information and email<br />
    19. 19. POPI Bill<br />
    20. 20. Retaining and archiving email<br />
    21. 21. An Information System<br />
    22. 22. PAI Act<br />
    23. 23. Compliance is a process<br />Be aware of ICT laws <br />Assess where you are (assessments)<br />Determine the gap between reality and compliance (gap analysis)<br />Find solutions<br />Implement solutions to ensure compliance<br />Ongoing review<br />
    24. 24. For guidance, to ask questions and find further information<br />
    25. 25.
    26. 26.
    27. 27. Thank you<br />John Giles<br />john@michalsons.com<br />Michalsons Attorneys can help apply email laws to your specific circumstances<br />www.MichalsonsAttorneys.com<br />“ICT Law with Insight”<br />Copyright © Michalsons 2002-2009<br />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.<br />

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