There has been a substantial increase in the use of the Internet across the African continent, aided by ongoing investment into local digital infrastructure, reduction in the associated costs, and improved user access. This has allowed both individuals, and private and public entities, the ability to access, collect, process and/or disseminate personal data more easily,
Shivani is a South African qualified lawyer and associate in the firm’s Africa Practice Group. She advises on a broad range of general transactional matters including corporate governance, JSE listing requirements, and intellectual property. She has particular expertise in drafting and negotiating agreements in relation to acquisitions, joint ventures, trade agreements, licensing, franchising, supply chain, agency, distribution and logistics, outsourcing, broadcasting and licensing, privacy and data protection, and performer contracts. Her experience also includes conducting due diligence investigations related to corporate transactions.
Shivani has assisted both local and foreign clients in establishing companies in South Africa, as well as advising on various regulatory matters such as the South African Companies Act and the Broad-Based Black Economic Empowerment Act ("B-BBEE"). She has strong capabilities in structuring B-BBEE transactions, as well as drafting and negotiating related commercial documents in relation to share subscriptions, business and asset allocation, board and shareholder resolutions, trust deeds, memoranda of incorporation, waiver letters, empowerment transactions, assignment agreements, and TRP applications.
Shivani gained extensive experience and a working knowledge of the telecommunications industry while on secondment to Liquid Telecommunications South Africa Proprietary Limited. Her experience includes, among other capabilities, advising on general commercial matters pertaining to the business, drafting and negotiating various tender proposals, dark fiber asset sale agreements, and fiber maintenance agreements.
In Episode 12 of our Inside Privacy Audiocast, together with special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa, we discussed the Information Regulator’s mandate and the implementation of data protection legislation in South Africa. Now, with less than a month to go before South Africa’s Protection of Personal Information Act, 2013 (“POPIA”) takes full effect on July 1, 2021, it is critical for organizations operating in South Africa to ensure that they are ready, if and when the Information Regulator comes knocking.
It is only when organizations start their POPIA journey that they realize just how wide the POPIA net is cast, and that very few businesses fall outside of its reach. The road to POPIA compliance should be viewed as a marathon, and not a sprint. While implementing and maintaining an effective POPIA compliance program will take continued effort and resources well beyond the July 1, 2021 go-live date, here we outline five steps to which companies subject to POPIA should give their attention in the short term.…