Adv. Liesl Briel from Cyberlaw highlights legal aspects relating to e-commerce in South Africa.

1. Legal Aspects of
e-Commerce
By Adv. Liesl Briel
Cyberlaw Consulting CC

2. Law in the World of
e-Commerce
What does the law have to do
with e-Commerce? We just
want to make money with our
online store…

3. Law in the World of
e-Commerce
Boundaries blurred
Protection of Consumer Rights
Protection of Personal Information
LEGAL PENALTIES

4. Law in the World of
e-Commerce
The law states:
!
• You must have Website Terms and
Conditions that complies with ECT
!
• You must have a Privacy Notice that
complies with S. 18 of POPI
!
• Your business practices about how
you collect, use and store PI and
market your business must align with
POPI

5. POPI and e-Commerce
We collect PI through our
website. How do I know that
our business and website will
comply with POPI?

6. POPI and e-Commerce
What PI do you collect?
Why do you collect PI?
How do you collect PI?
How do you store PI?
Do you share/distribute PI?
When do you destroy PI?

7. Types of PI a Website
Collects
• Location information, online
identifier or other particular
assignment to the person.
• E.g. Usernames;
• IP addresses;
• GPS locations;
• Cookie identifier.
• Preferences of the person

8. Security Safeguards –
Condition 7
Reasonable Technical and
Organisational Measures
Confidentiality
Integrity
Availability
Generally accepted information
security practices or as required by
specific industry
Address Human Element and
Use Technology

9. Security Safeguards –
Condition 7
Risk
Assessment
Policies and
Procedures
Technology
Contracts with
Operators
Continually
update and
verify

10. Security Safeguards –
Condition 7
Do we need SSL?
And is it
sufficient to
comply with
Condition 7?

11. Compliance
Complying with POPI is a
drag. Why should we go
through the trouble to
comply?
Because it’s the Law!

12. Compliance
e = risky
Loss of resources and productivity
Negative Media Coverage
LEGAL PENALTIES

13. !
!
Can you help us?
YES!

14. We will assist you fully to
comply while
you focus on doing what
you do best:
Increasing your
profits!
Collection
Choice
Purpose
Notification
Security
Marketing

15. How we get you compliant
Assess
business
practices
Assess
forms,
policies,
procedures
and contracts
Assess
Technology
framework
and security
risks
Identify the
gaps and give
report with
Actionable
Steps
Fill the gaps by
updating business
forms,
Information
Security policies
and procedures
and contracts
COMPLIANCE

16. Thank you!
For more information contact Adv. Liesl Briel at
LCB@cyberlawconsulting.co.za