My advocate thinks that "House is a funny chap" btw- I must agree.
I heard that before
Please do keep telling him what I am posting, it may be for your own good at the end of the day.-
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I heard that before
Please do keep telling him what I am posting, it may be for your own good at the end of the day.
semaphore
Honorary Master
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I heard that before
You give your self to much credit, you have the law knowledge of a first semester LLB student.
biometrics
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House/Vusi, since you hide your identity and refuse to reveal who you represent, your opinion is just that, your opinion. Most members have come to realise that you talk crap.
HelterSkelter
Expert Member
My experience and knowledge of the law is limited to the times I was on the wrong side of the law, but I think House is knowing what he is talking about.
MagicDude4Eva
Banned
If you as a South African company operate the server overseas (or use a service provider such as AWS, Rackspace etc) you are still liable as you operate the business within South Africa for example. I just started to go through POPI and there are now many complexities for South African companies who host in the cloud as in certain aspects cookie law and other requirements come into play (I will only sit with our company legal team in 3 weeks time to go through POPI completely, but am sofar glad that we host everything locally which avoids a ton of issues).
I think if your server and data is overseas and you are a local company and assuming that you use a hosting company overseas, I would think that both entities (your local company and the hosting company) will be able to institute legal claims against you. It will obviously be much cheaper to pursue you locally first.
semaphore
Honorary Master
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On the offshore hosting issue:
s86 works to criminalize the act of unauthorized access at the location of access not the location of the data
So if you as a South African in South Africa by means of fraud or whatnot gain unauthorized access to content on a foreign server (like somebodies Gmail account) you can be charged in this country. The statute is written to cover the underlying social ills rather than to protect stupid people who can't implement standards.
s86 works to criminalize the act of unauthorized access at the location of access not the location of the data
So if you as a South African in South Africa by means of fraud or whatnot gain unauthorized access to content on a foreign server (like somebodies Gmail account) you can be charged in this country. The statute is written to cover the underlying social ills rather than to protect stupid people who can't implement standards.
In the case of a local company collecting personal identifiable information on South Africans, but hosting its servers abroad, POPI requires that those servers be situated in countries that have complementary legislation. That is to say, any country that has laws similar to POPI will be fine for local companies to host their servers, as that falls within the law.
once the backhands has been paid...
Only, the site has been down for a few hours now. Very reliable...hopefully they've decided to shut it all down!
Tell me only what I want to hear, you are not etagged, you heard that from someone else that is etagged, you have no personal experience of paying etrolling fees, you refuse to register for this corrupt scheme!