The use of technology in our daily lives has been growing rapidly. Electronic contracts initially caused a great legal uncertainty as to how and whether electronic contracts could be recognised as valid and enforceable agreements. The passing of the Electronic Communications and Transactions Act (ECT Act) in 2002 initiated the basic premise that digital communications are no less valid than paper based communications.
Business growth in emerging markets presents a host of challenges to entrepreneurs and business managers alike. The key is to be aware of the changing risks in a growing business and to know and understand what legal tools are available to enable you to better deal with emerging threats to your business.
Guidelines on business naming, product packaging and labeling.
One of the most important changes to the Labour Relations Act 66 of 1995 (LRA), which came into effect on 1 January 2015, is the added protection it affords employees who are employed on fixed term contracts. A fixed term contract means a contract of employment that terminates on the occurrence of a specific event, the completion of a specified task or project, or a fixed date other than an employee’s normal or agreed retirement age.
Being served means receiving notice or being informed of a party’s intention to act or omit to act - such as receiving a written document via registered post demanding specific performance in terms of an agreement. Serving notice or delivery of notice by credit providers such as banks has been closely examined over recent years.
A well negotiated contract is the way to secure a mutually beneficial outcome and avoid dispute with minimal trade-off.
Steve Jobs and Bill Gates had more than rivalry and business success in common; they also shared similar accounts of business failures as a direct result of partnership blunders. Many business owners identify with disagreements among shareholders relating to money, performance or meddling spouses. The result of ongoing dispute may result in breakdown in trust, loss of customers and income, and the eventual demise of a business.
Negotiating the best deal means more than just securing the best price. The terms agreed with your supplier should maximise your commercial and legal position. By this we mean, terms that permit stronger cash flow (such as timing on cash out-flow to creditors that matches cash in-flow from debtors) and remedies during dispute (such penalties or indemnities).
As POPI is not yet in full force and effect, its usefulness lies in providing businesses with an overview of what the regulatory framework will look like to prepare for compliance. So what can we look forward to when POPI is in full force and effect? Can we look forward to the end of spam and unsolicited sales calls?
Although POPI was signed into law on 26 November 2013 it is not yet fully operational. Its implementation hinges on the publication of a commencement date by the President. Once that date has been published, businesses will have a grace period of one year within which to be fully compliant with POPI.
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