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Excessive Processing of Employee Personal Information: A Warning to South African Employers
ENSafrica, October 2020

A recent decision in Germany has resulted in a hefty fine being imposed on an employer for violations of the European Union’s General Data Protection Regulations (“GDPR”). The decision is a strong warning to South African employers to not overprocess their employees’ information...

Angola: New Rules for Current Invisible Operations
PLMJ, August 2020

Note on Circular Letter No. 002/DCC/2020 With the approval of Notice No. 2/2020, of January 2020 (“Notice 2/2020”), the National Bank of Angola (“BNA”) introduced a greater flexibility in the foreign exchange sector, as it eliminated prior licensing and delegated on commercial banks the validation of the operations. With the publication of the Circular Letter No...

Data Backup and Security Guidelines as Impact Mitigation Strategies in Light of the COVID-19 Pandemic
AELEX, July 2020

The COVID-19 pandemic hit the world in an unprecedented manner and, in just a few months, it has had such a profound impact on the world of work. As a result, physical office premises were shut down and many employees were forced to work from home with little or no security policy in place or a viable data backup and recovery plan...

How Contractors Can Deal with Delays and Disruptions of Construction Projects Caused by the Covid-19 Pandemic
AELEX, May 2020

The implementation of travel restrictions, lock-downs, stay-at-home orders, and curfews, in an attempt to curtail the spread of the COVID-19 virus, has led to delays in the completion of construction projects. Contractors are thus faced with worrying about the potential implications of such delays...

An Examination of the Measures to Mitigate the Impact of Covid-19 on Taxpayers in Nigeria
AELEX, May 2020

As Covid-19 continues to impact all aspects of our lives, taxpayers are rightly seeking emergency tax measures to mitigate the impact of Covid-19 on their businesses. We examine below the measures that have been introduced to mitigate the impact on taxpayers...

Mauritius: Coronavirus (COVID-19) and Data Protection
ENSafrica, May 2020

On 17 April 2020, the Mauritius Data Protection Office (the “DPO”) published a guide on data protection in the context of the Coronavirus (COVID-19) outbreak. The DPO, as the enforcing authority under the Data Protection Act (the “Act”), has reiterated that all organisations involved in the processing of data should continue to comply with all their obligations under the Act...

Mauritius: Coronavirus (COVID-19) Impact on Financial Institutions
ENSafrica, April 2020

The outbreak of the Coronavirus (COVID-19) pandemic and the incidental measures adopted by the Mauritian government represent serious potential impact for financial institutions in general. Below, we examine the recourses available to borrowers facing financial hardship as a result of the pandemic and its aftermath. We consider only credit facilities, that is, agreements by which financial institutions advance money to their clients for repayment either in instalments or at term...

When Should the Labour Court Intervene in a Retrenchment Process?
ENSafrica, April 2020

Economists predict that the Coronavirus (COVID-19) pandemic will lead to retrenchments on an unprecedented scale on the back of an already weak economy. It is likely that unions, when confronted with proposals to retrench, will approach the consultation process envisaged in section 189 and section 189A of the Labour Relations Act, 1995 (“LRA”) with more rigour. Section 189A(13) Of importance in this regard is section 189A(13) of the LRA...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

employment Update to C19 TERS and tax treatment of C19 TERS benefit Lauren Salt (ENSafrica Employment) and Arnaaz Camay (ENSafrica Tax) summarise the latest amendments to the COVID-19 Temporary Relief Scheme (“C19 TERS”), 2020 directive. They also consider the tax implications of C19 TERS benefits. Clickhereto read the full article...

South Africa: Coronavirus (COVID-19) - How to Avoid Vicarious Liability for Data Protection Breaches by Employees in an Online Environment during Lockdowns
ENSafrica, April 2020

The UK’s highest court recently ruled that Morrisons, a supermarket group, was not vicariously liable for the criminal act of an employee with a grudge who leaked the payroll data of about 100 000 members of staff. Many companies sighed in relief on hearing that the Supreme Court of Appeal did not hold Morrisons vicariously liable...

COVID-19 Legal Issues Newsletter
AELEX, April 2020

As Nigeria joins the rest of the world in grappling with the COVID-19 pandemic (“the pandemic”), the Federal Government has declared a curfew in the Federal Capital Territory and two other major States as well as restricting interstate travel. Prior to this, several organizations had commenced remote working as precautionary measures against the spread of the virus...

Brexit: Trade Mark Update
ENSafrica, April 2020

If you have been keeping a close eye on the ongoing discussions relating to Brexit, you will recall our earlier ENSight where we reported that the United Kingdom Intellectual Property Office (“UKIPO”) provided some clarity on how European Union (“EU”) trade mark registrations will be treated on Brexit...

Coronavirus (COVID-19) Updates: A Non-Exhaustive List of Recent Measures Aimed at Curbing the Spread of Coronavirus
ENSafrica, April 2020

World: The COVID-19 pandemic has prompted all destinations worldwide to introduce restrictions on travel, research by the World Tourism Organization (UNWTO) has found. This represents the most severe restriction on international travel in history and no country has so far lifted restrictions introduced in response to the crisis. Following up on previous research, the latest data from the United Nations specialised agency for tourism shows that 100% of destinations now have restrictions in place...

South Africa: Update to the Coronavirus (COVID-19) TERS and Tax Treatment of C19 TERS Benefit
ENSafrica, April 2020

In light of President Ramaphosa’s announcement of a phased approach to the end of lockdown, many businesses will still be required to remain closed (or partially closed) after 30 April 2020. With this in mind, many employers will still require assistance from the Coronavirus (COVID-19) Temporary Relief Scheme (“C19TERS”)...

South Africa: Coronavirus (COVID-19) and Privacy Concerns in your School
ENSafrica, April 2020

In light of the declaration of a national state of disaster as a result of the Coronavirus (COVID-19) pandemic, it is now likely that schools and further learning institutions in South Africa will remain closed for the foreseeable future (even after the national lockdown period) and online teaching will be inevitable. However, privacy, data protection and security are critical when teachers and learners are working remotely due to the higher risk of personal data breaches...

The Phhasing-Out of LIBOR: A Helpful Guide to the “Must-Have” Features of Contractual Fall-back Language
ENSafrica, April 2020

Market participants are undertaking significant work to prepare for a transition away from the London Interbank Offered Rate (“LIBOR”). The Financial Conduct Authority (“FCA”) in the UK has made it clear that the publication and dissemination of LIBOR cannot be guaranteed after 2021. The launch and reform of preferred alternative reference rates to USD LIBOR and GBP LIBOR are important steps in this transition journey...

South African Crypto Asset Regulatory Framework Proposed
ENSafrica, April 2020

The Crypto Assets Regulatory Working Group (“CAR WG”) of the Intergovernmental Fintech Working Group (“IFWG”) has released its long-anticipated position paper on crypto assets. The position paper proposes that a clear regulatory policy for crypto assets be adopted in South Africa. However, it is still recommend that crypto assets not be regarded as legal tender or public money...

ENSafrica: Coronavirus (COVID-19) Legal Update
ENSafrica, April 2020

banking and finance Financial services under lockdown ENSafrica’s Banking and Finance team summarises some of the latest COVID-19 related regulatory amendments and updates pertaining to financial services. They also highlight some remaining areas of uncertainty. Here is the full article...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions Published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation has published directions in terms of the Disaster Management Act, 2002. The Directions implement the emergency procurement of water supply and sanitation services to identified areas to combat the spread of COVID-19...

New Directives from the Chief Justice, Supplementary Directives from the Gauteng Judge President and Directions from the SCA in regard to litigating during lockdown
ENSafrica, April 2020

In order to provide guidance to litigators in navigating the national state of disaster, the Chief Justice has issued two sets of directives that apply to all courts across the country. The first was issued on 17March2020, and contained provisions restricting the number of people allowed in courts and implemented decontamination and social distancing protocols. The second was issued on 17 April 2020, and is to be read in conjunction with the initial directive...

South Africa: Water and Sanitation Emergency Procurement COVID-19 Disaster Response Directions published
ENSafrica, April 2020

In recognition of the ability to detect the Coronavirus (COVID-19) in sewage and the critical role of basic hygiene in combatting COVID-19, the Minister of the Department of Human Settlements, Water and Sanitation published directions. THese directions,  published on 15 April 2020, are in reference to the Disaster Management Act, 2002...

South Africa: amendments to the lockdown regulations: take-home points for employers
ENSafrica, April 2020

On 16 April 2020, the Minister of Cooperative Governance and Traditional Affairs issued a notice which amended several material aspects of the lockdown regulations issued in terms of section 27(2) of the Disaster Management Act, 2002...

South Africa: A new Online Portal and Easy Aid Guides for applying to the C19 TERS
ENSafrica, April 2020

In the wake of the rapid developments to the Coronavirus (COVID-19) Temporary Relief Scheme (“C19 TERS”) in the past few weeks, it is critical that employers remain informed and up-to-date on the latest processes in place. The C19 TERS was established to compensate employees who have lost income due to the COVID-19 pandemic, through the Unemployment Insurance Fund (“UIF”)...

South Africa: Will the Creation of a Coronavirus (COVID-19) Contact Tracing Database Pose any Security Concerns?
ENSafrica, April 2020

A recent government notice amended the regulations published in terms of the Disaster Management Act, 2002 to provide for the mandatory establishment of the COVID-19 Tracing Database by the National Department of Health. This database will trace people who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19...

South Africa: MPRDA related timeframes extended
ENSafrica, April 2020

The Minister of Mineral Resources and Energy recentlypublishedCoronavirus (COVID-19) related regulations pertaining to some of the prescribed timeframes in the Mineral and Petroleum Resources Development Act, 2002 (“MPRDA”). The relevant timeframes have been extended by the operation of law by thenumber of days of the ultimate duration of the COVID-19 lockdown period...

 

 

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