Legal Aspects of e-Commerce

By Adv. Liesl Briel Cyberlaw Consulting CC

Law in the World of e-Commerce

What does the law have to do with e-Commerce? We just

want to make money with our online store…

Law in the World of e-Commerce

Boundaries blurred

Protection of Consumer Rights

Protection of Personal Information

LEGAL PENALTIES

Law in the World of e-Commerce

The law states: !

• You must have Website Terms and Conditions that complies with ECT !

• You must have a Privacy Notice that complies with S. 18 of POPI !

• Your business practices about how you collect, use and store PI and market your business must align with POPI

POPI and e-Commerce

We collect PI through our website. How do I know that our business and website will

comply with POPI?

POPI and e-Commerce

What PI do you collect?

Why do you collect PI?

How do you collect PI?

How do you store PI?

Do you share/distribute PI?

When do you destroy PI?

Types of PI a Website Collects

• Location information, online identifier or other particular assignment to the person. • E.g. Usernames; • IP addresses; • GPS locations; • Cookie identifier.

• Preferences of the person

Security Safeguards – Condition 7

Reasonable Technical and Organisational Measures

Confidentiality

Integrity

Availability

Generally accepted information security practices or as required by

specific industry

Address Human Element and Use Technology

Security Safeguards – Condition 7

Risk Assessment

Policies and Procedures

TechnologyContracts with Operators

Continually update and

verify

Security Safeguards – Condition 7

Do we need SSL?

And is it sufficient to comply with Condition 7?

Compliance

Complying with POPI is a drag. Why should we go through the trouble to

comply?

Because it’s the Law!

Compliance

e = risky

Loss of resources and productivity

Negative Media Coverage

LEGAL PENALTIES

!!

Can you help us?

YES!

We will assist you fully to comply while you focus on doing what you do best:

Increasing your profits!

Collection

Choice

Purpose

Notification

Security

Marketing

How we get you compliant

Assess business practices

Assess forms,

policies, procedures

and contracts

Assess Technology framework and security

risks

Identify the gaps and give

report with Actionable

Steps

Fill the gaps by updating business

forms, Information

Security policies and procedures and contracts

CO

MPL

IAN

CE

Thank you!

For more information contact Adv. Liesl Briel at LCB@cyberlawconsulting.co.za