Technology, Media and Telecommunications

Technology

Cliffe Dekker Hofmeyr's Technology Law practice was one of the first such practices to be set up in a law firm in South Africa in 1993. Our technology law experts specialise in advising clients on their technology law requirements and our technology law team has an unrivalled reputation for the drafting of and negotiation of complex service level agreements and is also regarded as the premier outsourcing legal service provider in South Africa, having had extensive experience both locally and internationally.

One of our key strengths is our in-depth understanding of the technical aspects and business impacts of general technology services and complex outsourcing services, which means that we are able to advise our clients not only on the legal aspects of each transaction, but also on the technical and business-related aspects of the transaction and on how best these can be incorporated into the relevant agreements.

In light of our exposure to prominent clients in the financial services sector, the technology team has extensive experience in advising such clients on technology and banking-related legal compliance matters, including in respect of data security, internet banking, data protection and privacy issues. We also have extensive experience in advising clients in the public, technology and corporate sectors.

We specialise in the following areas:

Information Technology
We are positioned to assist with the drafting and negotiation of a full range of information technology specific agreements.

E-Commerce
With a comprehensive knowledge of the law as it pertains to E-commerce and the internet, our technology law experts are well placed to assist clients in the preparation of E-commerce related agreements covering B2B, B2C and internet transaction processing requirements.

Outsourcing
Our outsourcing law experts have acted in some of the largest and most prominent outsourcing transactions in South Africa. Our technology law team represents some of South Africa's largest and most prominent private and public sector institutions in information technology and business process outsourcing transactions.

We have extensive expertise in advising our clients on structuring their overall outsourcing initiative, advising on and reviewing or drafting of tender documents and responses thereto, drafting outsourcing terms and conditions, ensuring regulatory compliance and compliance with relevant industry guidelines and procedures, advising on security issues, data protection, business continuity, intellectual property, employee- and technology transfer issues. In addition, we advise our outsourcing clients on possible BEE, tax, administrative law and competition law implications on the outsourcing transaction.

Data Protection (including information privacy)
Our specialist information law experts have advised on South African, European and global data protection issues, as well as advising on privacy issues, as contained in legislation. They advised on issues such as data protection issues in corporate transactions including database ownership and transfer; international transfers of personal data and drafting of Manuals in terms of the Promotion of Access to Information Act.

Media

Cliffe Dekker Hofmeyr's media practice specialises in advising on regulatory initiatives which impact upon the media industry. We have advised a number of major international and domestic corporations in the making of written and oral submissions on proposed legislation which impacts upon the right to freedom of expression and on the media in general.

We also specialise in a wide range of media agreements, including printing, distribution, publication, advertising, sponsorship, broadcasting, production, airtime, standard commissioning and spin-off agreements.

The firm also has experience in advising on copyright law issues, especially as they pertain to the publishing and film industries. We have expertise in film financing arrangements, the corporate structuring of film transactions, advertising and promotions regulations and event organising and sponsorship.

We have also assisted the media industry in making written and oral submissions to Parliament and other regulatory authorities on legislative initiatives which impact upon the media.

Recent matters we have worked on include:

Making submissions to the Parliamentary Portfolio Committee on Home Affairs and other stakeholders on the constitutional and other implications of the Films and Publications Amendment Bill.
Advising numerous clients and making written submissions in connection with the Consumer Protection Bill.
Advising clients and making written representations in respect of the draft regulations for the labelling of foodstuffs under the Foodstuffs, Cosmetics and Related Substances Act.
Advising clients and making written representations in respect of the proposed regulations relating to foodstuffs for infants, young children and children under the Foodstuffs, Cosmetics and Related Substances Act.

Telecommunications

Cliffe Dekker Hofmeyr has advised clients on the implications of the enactment of the Electronic Communications Act and the Independent Communications Authority of South Africa (ICASA) Amendment Act. We have advised on some of the most important broadcasting regulatory and licensing initiatives embarked upon by ICASA.

Our team has also been closely involved in all the major regulatory steps taken by ICASA to give effect to the regulatory and licensing framework provided for under the Electronic Communications Act and will continue its involvement in this process and in other legislative and regulatory initiatives which are likely to impact upon the communications sector. These include making written and oral submissions to ICASA and the Department of Communications on variety of policy directions and regulations.

Recent matters include:

Formulating written and oral submissions on the Broadband Infraco Bill to the Department of Public Enterprises.
Advising on and making oral submissions to the Parliamentary Portfolio Committee of Science and Technology on the Astronomy Geographic Advantage Bill.
Formulating submissions on the Electronic Communications Amendment Bill.
Making submissions on a number of regulations and notices proposed by ICASA, including the Code of Conduct and Service Charter for licensees; regulations in terms of the licensing framework applicable to individual and class licences; the notice on conversion of licences; the notice of intention to define relevant end-to-end leased line and other wholesale markets; the notice of intention to define wholesale call termination markets, the Minister's policy directives, the draft regulations on interconnection and facilities leasing, the draft regulations on essential facilities, the draft regulations defining relevant markets and market segments in terms of section 67(4) of the Electronic Communications Act, the draft regulations in respect of the technical standards for power line telecommunications and the Minister's guidelines in respect of the rapid deployment of electronic communications facilities.

We specialise in advising on regulatory initiatives in telecommunications and broadcasting. We have advised a number of major international and domestic corporations in the making of written and oral submissions on proposed telecommunications and broadcasting legislation.