A non-disclosure agreement signed before a formal legal agreement is entered into to govern the business relationship between parties (such as a supply of goods or services or licence agreement) should generally have only a very narrow scope.
In the financial planning world, it is often said that the best time to start saving is 10 years ago. The same can perhaps be said for when the best time is to draw up [...]
A question often asked, and understandably so, is what is the difference between a discounting transaction and an incidental credit transaction? On first glance at the definitions in the National Credit Act, 2005 (the “NCA”) they seem almost identical, but one needs to look at the nature of the transaction to differentiate between the two.
Before a credit provider takes any action against a consumer that is in arrears, a credit provider must ensure that it has satisfied the provisions of section 129, section 130 and section 168 (which deals [...]
Brief synopsis on what not to forget when considering a share buy-back in terms of the Companies Act, 2008
There are 4 main sections of the Companies Act, No. 71 of 2008 (the “Act”) that need to be taken into account (aside from sections 44 and 45 governing the provision of financial assistance) when [...]
You have decided to take out insurance against loss due to cyber-crime related activities. But what are your obligations to mitigate loss that may be incurred. Just as you may be required to have an [...]
Electronic contracts – what is the legal status of concluding a contract online or via email and is a person’s signature sufficient to satisfy the requirements of an electronic signature?
Concluding a contract online or by email by means of a data message or using an electronic signature can cause uncertainty in terms of whether the contract is legally enforceable. However, with the introduction of [...]
Be aware – The infusion of South African contract law and constitutional values in contractual documents
It is important to be aware of recent case law developments when drafting agreements and providing advice to clients on the interpretation of certain clauses in their agreements as certain clauses are receiving increasing scrutiny [...]
Section 5 of the Competition Act of 1998 (as amended) (the “Act”) regulates vertical agreements and prohibits restrictive vertical practices. In terms of section 5(1) of the Act, a vertical agreement is prohibited if it [...]
Cybercrime, being a crime related to technology, computers and networks, is steadily on the rise in South Africa and it is essential that businesses upskill on cyber security to prevent cybercrime in their organisation or [...]