Does your pension payments form part of your insolvent estate?
  •  30-07-2021 02:41 PM

Upon the sequestration of an individual, the estate of such individual vests with the Master, until a Trustee is appointed for the estate. Thereafter the estate vests in the Trustee. Section 20 of the Insolvency Act regards the following as being part of the estate: “(a) all property of the insolvent at the date of the sequestration, including property or the proceeds thereof which are in the hands of a sheriff or a messenger under writ of attachment; (b) all property which the insolvent may acquire or which may accrue to him during the sequestration….”

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The Information Officer and POPIA: What you need to know
  •  30-07-2021 02:33 PM

The Information Regulator sees the role of the Information Officer as a vital aspect of the overall compliance of an organisation and I a sense as an extension of the Information Regulator within the organisation to ensure compliance by the organisation.

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POPIA - Will your business be compliant?
  •  21-06-2021 09:09 AM

This legislation, among other things, promotes the protection of personal information processed by public and private bodies, introduces minimum requirements for the processing of personal information, outlines the rights of data subjects, regulates the cross-border flow of personal information, introduces mandatory obligations to report and notify data breach incidents, and imposes statutory penalties for violations of the law. If yours is a business that collects and processes personal information of South Africans, you have just a few more weeks, until 30 June this year, to ensure that you are compliant with POPIA.

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Deed of Sale Explained
  •  19-05-2021 01:26 PM

What is an contract? A contract is an agreement between two or more people in terms of which one party offers to do, deliver or not do something, and the other part accepts this offer. Usually, the party who accepts the offer must remunerate the other party or do something in exchange.

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How valid is an electronic signature?
  •  19-05-2021 12:25 PM

There are certain exceptions, such as the Alienation of Land Act 68 of 1981 and the Wills Act 7 of 1953 which require certain formalities to be met in order for such an agreement to be valid and are excluded in terms of the ECTA. One can also specifically exclude the ECTA from applying to a contract, meaning that although in law you could sign the agreement with a digital signature, the contract itself prohibits this.

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POPIA - What does it involve?
  •  02-09-2020 12:00 AM

Technology risks covers a wide range of possibilities, including action by cyber criminals in a ransomware attack, corruption or loss of data through a malware attack, hacking of your network or individual digital devices and other techniques. Identifying the risk is not enough: each risk needs to be assessed for the potential and likelihood that it might strike at your business and be addressed accordingly.

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