Cybersecurity Law

In today’s interconnected world, the legal landscape surrounding cybersecurity and data privacy is constantly evolving and becoming increasingly complex.

For businesses of all sizes, safeguarding sensitive information, ensuring regulatory compliance, and responding effectively to cyber threats are no longer just IT concerns, they are critical legal imperatives.

The Cybercrimes Act 19 of 2020 (Cybercrimes Act) was signed into law in June 2021 and came into force on 1 December 2021. The Cybercrimes Act imposes significant responsibilities on electronic communications service providers and financial institutions. These entities must notify the South African Police Service within 72 hours of learning that their computer systems have facilitated a cybersecurity incident classified as an offence under the Act. Furthermore, they are mandated to safeguard any information pertinent to the subsequent investigation. Failure to adhere to this reporting and preservation duty is itself a criminal offence, attracting potential monetary penalties.

The Act also establishes a range of other cyber related crimes. It penalises the dissemination of malicious data messages, including those that incite or threaten violence or property damage, or distribute intimate images without consent. “Data” under the Act is broadly interpreted as “electronic representations of information in any form.” Additional offences include cyber fraud, extortion, forgery, and the theft of intangible assets. Unauthorised access to computer systems, data storage media, or personal data is also criminalised. Conviction for these cybersecurity offences can lead to substantial fines and considerable prison terms, potentially as long as 15 years.

Our dedicated Cybersecurity Law department offers sophisticated legal counsel and pragmatic solutions to help your organisation navigate this challenging terrain. As a mid-sized firm, we pride ourselves on providing personalised, partner-led service, ensuring you receive the focused attention and tailored strategies your unique situation demands. We understand the operational realities of businesses like yours, and are committed to delivering effective legal protection that aligns with your commercial objectives.

Our Litigation Services

Our team of litigation attorneys have the experience and skill to offer the following solutions to clients:

Arbitration
Drafting dispute resolution and arbitration clauses
Fact-finding enquiries
Risk management
Alternative dispute resolution processes, including mediation
Settlement negotiations
Administrative appeals in relation to decisions by regulatory bodies, including reviews of such decisions
Opinions
Cross-border litigation
Tribunals (local and international)
Supreme Court of Appeals
Constitutional Court litigation
Banking and finance disputes
All aspects of insolvency litigation – and all aspects of business rescue and financial restructuring litigation Class actions
Divorce – all aspects of divorce litigation, including mediations, visitation rights, custody, disputes, maintenance disputes, divisions of proprietary rights and interests, disputes and the like.
White collar crime including:
- advising senior management and directors faced with employees who have perpetrated frauds and other criminal offences;
- investigating and preparing dockets for lodging of complaints with South African Police Services;
- assisting the National Prosecuting Authority with their prosecutions and criminal trials – this to ensure convictions; and
- defending those charged with criminal offences.