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Decoding ‘Connected Persons’: A Crucial Guide for South African Businesses and Taxpayers
Decoding ‘Connected Persons’: A Crucial Guide for South African Businesses and Taxpayers In South African law, the term 'connected persons' is defined differently under the Companies Act 71 of 2008 and the South African Income Tax Act. Understanding these differences...
Navigating the ‘Small Business’ Exemption in the Proposed American Privacy Rights Act 2024 (APRA)
The proposed American Privacy Rights Act 2024 (APRA) promises to overhaul U.S. data privacy standards. Central to the debate is APRA’s “Small Business” Exemption, which allows companies with under USD 40 million in annual revenue, fewer than 200,000 data subjects, and no “transfers in exchange for revenue or anything of value” to avoid the law’s strictest requirements. While this exemption targets smaller entities, its relatively high threshold and broad definition of a data “sale” have sparked discussion about whether APRA is setting the bar too high—and whether businesses that don’t see themselves as “sellers” of data might still be affected.
Zimbabwe’s 2024 Data Protection Regulations: A ‘Pay-to-Process’ Licensing Model Emerges
Zimbabwe’s new 2024 data protection regulations have introduced an unprecedented “pay-to-process” model, requiring data controllers to pay tiered, annual license fees based on the number of data subjects they handle. With fees starting at USD 50 and climbing to USD 2,500, plus additional oversight for biometric data processing, these regulations stand out for their strict and direct oversight—especially since, unlike other African jurisdictions, no exemptions exist for smaller businesses. As a result, entities dealing with personal data in Zimbabwe should tread carefully and consult privacy law experts to ensure full compliance.
AI Series #1 – AI regulation – The Underlying Principles
As AI becomes increasingly integrated into various aspects of daily life, the need for AI laws and regulations have increased. Recently, the European Parliament adopted the EU AI Act as the world’s first comprehensive law regulating AI.The process of regulating AI...
Corporate Law Series #1 – Types of Companies
When registering a company, it is important to consider the type of company required, whether by design or law. This article provides a short overview of the different types of companies available for registration. Companies can be divided broadly in two groups,...
A Comprehensive Guide To Patents In South Africa
What Is A Patent?Patents are meant to protect ideas, as such the only way to protect an idea is to register a patent in respect of the idea. Patents are there to protect novel ideas. Known ideas can only be protected if presented in a novel shape, in which case a...
Your Guide To Domain Name Protection In South Africa
Disputes relating to domain names are becoming increasingly prevalent in modern society. The ease with which a domain name can be registered and linked to a website means that any business should be watchful in protecting its intellectual property against the...
An Overview Of Capital Gains Tax In South Africa
What Is Capital Gains Tax (CGT)? Capital Gains Tax (“CGT”) is a tax that is levied on gains or increases in the value that arise when assets or capital are disposed of. “Assets” in the context of CGT include capital assets or rights. Examples include a holiday home,...
The Ultimate Guide To Registered Designs In South Africa
What Is A Registered Design?Registered designs cannot and are not meant to protect ideas. The only way to protect an idea is to register a patent in respect of that idea, however, patents can only protect novel ideas. Known ideas can only be protected, by way of a...