Technology, Media & Telecommunications Law
We assist businesses in all areas of Technology, Media & Telecommunications Law
Technology, Media & Telecommunications Law involves regulatory compliance within the technology, media and telecommunications sectors as well the drafting and/or review of commercial contracts, including:
- Technology agreements including software development and licensing agreements, service level agreements, and maintenance and support agreements;
- ICT outsourcing agreements;
- E-commerce agreements;
- Telecommunications agreements including reseller and wholesale agreements; and
- Content development and licensing agreements.
Our specialist TMT lawyers also provide advice on telecommunications, media and broadcasting regulatory compliance, information security governance and risk management (in particular, information security, data protection and privacy policies).
I thoroughly enjoy working on new and interesting matters in the evolving sectors of technology and media. From helping clients with the basics like website terms and conditions or contract templates, to working on influencer agreements for their marketing activities – each day is different.
- Nick Bent, Caveat Panel Member
Technology & Media Law
Our team assists with all manner of technology law matters including software as a service agreements, content as a service agreements, outsourced software development agreements and arrangements, service level agreements, website and app terms and conditions, consulting agreements and arrangements, as well as commercial matters such as the requirements when setting up new technology-based businesses or contracting with resellers or partners.
On the media side, we advise on regulatory compliance, intellectual property licensing and ownership; draft terms for those who provide internet and mobile application services and draft social media policies and influencer or brand ambassador agreements. We also advise on other media channels such as film and television or multimedia channels such as video game production.
Telecommunications and Media Law & Regulations
The telecommunications and media (broadcasting) sector is heavily regulated. We assist clients with the interpretation and application of relevant legislation, regulations and industry codes of conduct, including the Electronic Communications Act, 2005 (and regulations published under the Act), the Electronic Communications and Transactions Act, 2002, the Cybercrimes Act, 2020 and the Protection of Personal Information Act, 2013 (POPIA). We have strong working relationships with the sector regulator and are able to assist clients with license applications, type approval applications and compliance reports.
Legal Advice for Technology, Media & Telecommunications Law
We help clients draft and negotiate commercial agreements including hardware sale and purchase agreements, content acquisition and distribution agreements, reseller agreements, network access services agreement, ICT outsourcing agreements, advertising services agreements, digital marketing services agreements, consulting and professional services agreements.
I have been fortunate to hone my skills in a specialised area of law that has become crucial to the operations of every business operating in a digitised economy. Having represented consumers of ICT services, ICT service providers, media houses and the sector regulator has granted me a unique understanding of each client’s business imperatives and an edge in contract negotiations. I thoroughly enjoy advising clients on all aspects of TMT law, from complex ICT outsourcing agreements, telecommunications and media regulatory compliance and the impact of data and privacy laws on my client’s product launches and commercial contracts.
- Mpho Thulare, Caveat Panel Member
Technology businesses are vulnerable to cyber attacks like hacking, phishing, malware, data leaks, electronic theft, identity theft and fraud. These businesses should monitor and prepare for cyber incidents and put measures in place to minimise risks.
- Yonela Ndila, Caveat Panel Member
Frequently asked questions on Technology, Media & Telecommunications Law
This depends on the type of service to be provided, the geographical area of the proposed service and the manner in which the service is intended to be provided.
Generally speaking, technology services, content production services and OTT (Over the Top services i.e. television and film services provided over the internet) are not regulated and thus do not require a service license. A telecommunications and broadcasting service that falls within the definition of an electronic communications service or broadcasting service (as defined in the Electronic Communications Act) will (to the extent that it is not exempt from licensing) and will require either a class or individual license.
An operator may additionally require a radio spectrum frequency license and an electronic communications network service license. This would be required where a service provider operates an electronic communications network (whether by sale or lease) for its own use or another’s use to provide an electronic communication service or broadcasting
ICASA (The Independent Communications Authority of South Africa) is the primary regulatory body for telecommunication services providers and broadcasters;
The Competition Commission (which has concurrent jurisdiction with ICASA on anti-competitive matters);
The Films and Publications Board; and
Self-regulatory bodies – based on membership (including the National Association of Broadcasters and the Association of Communication and Advertising)
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