Information Technology Law in South Africa

By Daniel van der Merwe
Kluwer Law International December 2022

Specifications

ISBN-13
9789403522869
Publisher
Kluwer Law International
Publication
December 2022
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law - the law affecting information and communication technology (ICT) - in Hong Kong covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure.

Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Hong Kong will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.

Table of Contents

List of Abbreviations

General Introduction

Chapter 1. General Background of the Country
Chapter 2. Telecommunications Infrastructure
Chapter 3. The Information and Communications Technology Market
Chapter 4. e-Commerce: Facts and Figures
Chapter 5. e-Government Initiatives

Part I. Digital Market Regulation
Chapter 1. Legal Status of Standards and Technical Specifications
Chapter 2. Legal Status of Standard Terms and Conditions
Chapter 3. International Private Law Applied to the Online Environment
Chapter 4. Competition Law Applied to the Digital Market
Chapter 5. Regulation of the Electronic Communications Market (Telecommunications Law)
Chapter 6. Regulation of Broadcasting Activities (Audio- Visual Services)
Chapter 7. Regulation of Online Interactive Services (e- Commerce)
Chapter 8. Regulation of Cryptography in South Africa

Part II. Online Public Services
Chapter 1. e-Government Legal Framework

Part III. Online Transactions
Chapter 1. Online Contracting (Including Smart Contracts and Blockchain)
Chapter 2. Electronic Signatures (Including Trust Services and Online Financial Services)
Chapter 3. Law of Evidence in the Digital Environment (Including Rules Regarding Electronic Archiving)
Chapter 4. Consumer Protection of the Users of Electronic Services (Online Sales and Services)
Chapter 5. The Liability of Online Service Providers

Part IV. Intellectual Rights (‘Digital Rights’)
Chapter 1. Patent Law (Applied to Software, Hardware and Other Patentable Goods)
Chapter 2. Trademarks (Application in the Digital Context)
Chapter 3. Design Protection (Application to Digital Products)
Chapter 4. Copyright Protection in the Digital Context (Including Software
Chapter 5. The Legal Protection of Software
Chapter 6. Legal Protection of Databases
Chapter 7. Protection of Internet Domain Names

Part V. Cybersecurity Law

Part VI. Cybercrime
Chapter 1. Application of International and Regional Agreements
Chapter 2. Specific Computer Crimes
Chapter 3. Criminal Procedural Aspects

Part VII. Contractual and Non-contractual Liability
Chapter 1. Computers and the Law of Contract
Chapter 2. Computers and Non-contractual Liability

Part VIII. The Protection of Privacy
Chapter 1. Some Thoughts on Privacy in a Digital World
Chapter 2. Analysing POPI: The Protection of Personal Information

Selected Bibliography
Index
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