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Privacy compliance will become even more important for all companies in Australia now that the mandatory data breach notification scheme has been enacted. From 22 February 2018, certain data breaches (known as “eligible data breaches”) will need to be notified to the Australian Privacy Commissioner and affected individuals.  Previously, notification of data breaches was optional.…
Any change of control in an entity which holds an individual electronic communications service licence, individual electronic communications network service licence or radio frequency spectrum licence requires the prior written permission of the Independent Communications Authority of South Africa (ICASA). Radio frequency spectrum licences The Radio Frequency Spectrum Regulations 2015 set out the process which must be followed to apply for ICASA’s permission to transfer control of a radio frequency spectrum licence. These regulations set…
Any change of control in an entity which holds an individual electronic communications service licence, individual electronic communications network service licence or radio frequency spectrum licence requires the prior written permission of the Independent Communications Authority of South Africa (ICASA). Radio frequency spectrum licences The Radio Frequency Spectrum Regulations 2015 set out the process which must be followed to apply for ICASA’s permission to transfer control of a radio frequency spectrum licence. These regulations set…
The parliamentary telecommunications and postal services portfolio committee will hold a meeting on “Over-The-Top” (OTT) services on 26 January 2016 with a view to possibly regulating them. Popular OTT services include WhatsApp, Google Hangouts and Skype. Some mobile networks feel it is unfair that these services generate profits by riding on the back of infrastructure paid for by the networks. Others have said that networks are getting a return in the form of data charges. The…
The parliamentary telecommunications and postal services portfolio committee will hold a meeting on “Over-The-Top” (OTT) services on 26 January 2016 with a view to possibly regulating them. Popular OTT services include WhatsApp, Google Hangouts and Skype. Some mobile networks feel it is unfair that these services generate profits by riding on the back of infrastructure paid for by the networks. Others have said that networks are getting a return in the form of data charges. The…
The draft Cybercrimes and Cybersecurity Bill has been published for public comment in South Africa. The draft bill in its current form imposes obligations on “electronic communications service providers” to inform its clients of cybercrime trends and to establish procedures to report such crimes. The definition of an “electronic communications service provider” includes not only mobile networks, internet service providers and others providing electronic communications services. It also regulates “financial institutions” as defined in the…
The draft Cybercrimes and Cybersecurity Bill has been published for public comment. The draft bill in its current form imposes obligations on “electronic communications service providers” to inform its clients of cybercrime trends and to establish procedures to report such crimes. The definition of an “electronic communications service provider” includes not only mobile networks, internet service providers and others providing electronic communications services. It also regulates “financial institutions” as defined in the Financial Services Board…
Music, games, e-books and other digital products may soon be subject to value-added tax (VAT). According to the proposed Electronic Services Regulations, foreign suppliers who sell digital products online will be obliged to register as VAT vendors, and will be liable to pay VAT on equal footing with their South African counterparts. iTunes, e-books etc VATable The regulations apply to the supply of any electronic services by a foreign entity to a recipient who…