Information and Communications Technology (ICT) Law

This area is led by Khumisi William Kganare backed by a team of specialist consultants in the Information and Communications Technology (“ICT”) sector. Kganare held a manager position at a South African-based multinational mobile telecommunications company, operating in many African, European and Asian countries.

Our innovative offering includes amongst others regulatory (legal) advisory services in relation to consumer issues, policy making matters, licensing, facilities issues (including leasing), interconnection, competition matters, mergers and acquisitions (including BEE transactions). In addition, we have extensive expertise in a number of areas of communications law, including:

• Corporate Commercial: advising on risk (due diligence), and advising on corporate and commercial transactions involving operators, service providers and suppliers;
• Regulatory: negotiating and/or liaising with regulatory authorities, industry bodies and government ministries;
• Policy development: making written and oral submissions to Parliament and regulatory bodies (including the DoC, DTP&S and ICASA).

Our practical experience in this fast evolving field of the law is versatile. Accordingly, our firm is well positioned to provide the following ICT services:

ICT Related Compliance Audits / Due Diligence – Our capabilities include the drafting and vetting of:

• Web-site Terms and Conditions;
• IT Security Policy;
• Electronic Communications Policy;
• E-Commerce Policy;
• Internet-Based Invoicing Policy;
• Internet-Based Marketing Policy;
• IT Equipment Use and Disposal Policy;
• Data Collection, Use and Management Policy; and
• Document Management and Retention Policy.

Information and Communication Related Agreements – We are able to draft, vet and comment on the following types of agreements, inter alia:

• IT Hardware Purchase agreements;
• IT Outsourcing agreements;
• Hardware Support and Maintenance agreements;
• Software License agreements;
• Software Support and Maintenance agreements;
• Software Development agreements;
• Source Code Escrow agreements;
• Web-site Development and Hosting agreement;
• Internet Trading Agreements (such as Merchant Agreements);
• Employment Agreement (with a focus on ICT-related protections); and
• Other ICT Related Policies.

Kganare was involved in the National Integrated ICT Policy Review process through the South African Communications Forum.

K&K understands complex ICT issues quickly and is able to provide clients with the necessary innovative solutions. K&K’s ICT law practice is located across the many practice areas of the firm, allowing an all-round legal service to clients. Our understanding of other areas of the law such as intellectual property law, competition law, corporate governance and commercial litigation, enables our team to render seamless, sophisticated and forward thinking advice to clients in the ICT sector.

Our team is also able to leverage the most beneficial commercial outcomes for clients, in an informal and less bureaucratic manner as a direct result of our expertise and effective communication with the relevant stakeholders such as ICASA, Competition Authorities, ICT Associations and relevant government departments.

We combine detailed legal knowledge and commercial awareness of the ICT sector and constantly renew our knowledge to ensure that our expertise remains unrivalled within the legal fraternity and that we are best placed to support our clients’ needs in every way possible.

K&K is aware that ICT plays a fundamental role in economic and administrative activities of any country and it is imperative that the necessary legal framework does not limit or restrict progress in the sector. Our integrated service means clients receive the best all-round assistance to the most complex local and international regulatory issues within the ICT sector. Our ability to cross-reference between business areas in our firm when necessary, offers clients an all-round solution to their ICT legal/regulatory needs.

K&K is alive to the fact that the ICT sector is growing strongly, driven by innovative technologies and regulatory changes which are designed to promote competition and the proliferation of new technologies in South Africa (underpinned by customer demand for ever faster and more innovative ways of communicating).

K&K acknowledges that all participants in the sector (i.e. network operators, service providers, value-added resellers, content providers, equipment suppliers or major corporate/public sector users, etc.) need to be constantly and commercially aware of the developments and look for new routes to market and move quickly to take advantage of existing opportunities in line with the applicable laws.