Mitchell Brooks

Director

Privacy & Commercial | Cross-Border Contracts | AI, Data & Public Procurement

Mitch Brooks is a South African-qualified practising attorney who helps businesses navigate the complex intersection of technology, commerce, and regulation — particularly where borders, data, and innovation collide.

His practice sits at the centre of three converging disciplines: technology contracting, data privacy, and cross-border commercial negotiation. Whether advising a JSE-listed company on a multi-jurisdictional SaaS deployment, guiding a startup through its first international expansion, or helping a government entity structure a procurement framework that balances innovation with accountability, Mitch brings clarity to complexity.

Mitch has built a reputation for structuring and negotiating high-stakes commercial agreements across multiple jurisdictions — particularly between South Africa, the United Kingdom, the European Union, and the United States. He understands that cross-border deals aren’t just about aligning legal regimes; they’re about bridging commercial cultures, managing risk across time zones, and building frameworks that protect clients while enabling growth.

He regularly advises on:

  • International software an AI services agreements and technology licensing
  • Cross-border data processing arrangements and transfer mechanisms
  • Vendor partnerships involving multi-jurisdictional service delivery
  • Public procurement (tenders and contracts with organs of state)

Mitch has helped South African businesses establish operations in the UK and USA, with particular emphasis on data protection compliance, direct marketing, and business process outsourcing. Conversely, he guides international organisations entering Southern African markets, ensuring they understand not just the legal landscape but the practical realities of doing business in the region.

As a Certified Information Privacy Professional (CIPP/E), Mitch advises on the full spectrum of data protection issues — from POPIA and GDPR compliance to emerging AI regulation and cybersecurity frameworks. His work goes beyond tick-box compliance: he helps clients build governance structures that are defensible, scalable, and commercially sustainable.

He has performed adequacy and transfer impact assessments for cross-border data flows, resulting in measurable cost savings and the implementation of more efficient, privacy-enhancing technologies. His experience includes:

  • Data protection programmes for finance, technology, and consumer-facing businesses
  • Compliance reviews and gap analyses
  • Data-related complaints, claims, and regulatory investigations
  • CCTV, ANPR and surveillance assessments for the private security industry and homeowners’ associations 
  • Workplace employee monitoring compliance and training
  • Product-level privacy design for global automotive and aircraft manufacturers

Mitch frequently serves as an embedded external privacy counsel for in-house teams that need dedicated expertise. 

Mitch’s clients operate in fast-moving, data-intensive environments where legal frameworks struggle to keep pace with innovation. He advises on the full lifecycle of technology transactions: vendor due diligence, contract negotiation, implementation risk, ongoing governance, and exit strategies.

With an LL.M (Cum Laude) in Public Procurement Policy & Regulation from the University of Stellenbosch — where he returned in 2023 as a lecturer in the LL.M programme — Mitch brings deep expertise to public sector contracting, regulatory compliance, and dispute resolution.

He has advised national government departments, organs of state, and integrated rapid public transport projects on procurement frameworks, bid specifications and social goals, irregular awards, and claims. He also guides private-sector bidders navigating complex public tender requirements and blacklisting proceedings.

This background gives Mitch a unique lens on regulatory strategy: he understands how policy is made, how enforcement works, and how businesses can engage proactively with regulators rather than defensively. He doesn’t just interpret regulations — he anticipates regulatory shifts and helps clients position themselves strategically within evolving frameworks.

 

Qualifications

  • LL.B – University of Stellenbosch
  • LL.M – Public Procurement Policy & Regulation (Cum Laude)
  • CIPP/E – Certified Information Privacy Professional (Europe)
  • Advanced Construction Contracts – Enterprise University, University of Pretoria
  • Practicing Attorney – High Court of South Africa

Memberships

  • International Association of Privacy Professionals (IAPP)
  • Administrative Justice Association of South Africa (AdjaSA)

Publications

  • “The Draft Public Procurement Bill: Encroaching on the Legislature and Local Government,” African Public Procurement Law Journal (2021)
  • “The Legality of Centralised Public Procurement in South Africa,” African Public Procurement Law Journal (2017)

Challenge accepted – Let’s Talk!

Don't hesitate to contact us