EndCode currently services local, regional and international organisations in need of assistance with navigating technology laws and policies in Africa. We assist with regulatory compliance, legal risk mitigation and legal advisory services associated with technology law in Africa.
E-commerce has evolved into a mainstream industry. The purchasing of goods and services through online consumer services is the strategy for businesses to extend its reach to new consumers. The need to have recourse to legal remedies for the resolution of legal risks on platforms and online consumer services has become paramount.
We understand the legal risks that present with e-commerce platforms and related consumer services in terms of consumer protection, compliance requirements, addressing data protection, ownership of intellectual property and retention of electronic data.
The need to safeguard privacy has increased tremendously. Personal data is the new natural resource driving the digital economy. The collection of personal data and the manner in which it is managed, organised and analysed yields revenue benefits for organisations.
We advise clients on the legal management (collection, storage or destruction), organisation and analysis of personal data utilised in business and emerging technologies. We help to ensure that domestic and international privacy requirements are assessed for business impacts and complied with to ensure compliant privacy practices.
Legislation defines what constitutes a cybercrime and allows legal action to be taken against a cybercrime. At national, international and organisational levels, protection of critical information and communication infrastructure and data housed therein is a growing concern. Approaches to digital security may be inspired by best practice but need to be guided by legislative and regulatory requirements.
We are consulted as regional and international experts by government and intra-governmental organisations to advise and input on the drafting of policies, laws and regulation. We provide our government and corporate clients with an understanding of the multitude of laws that impact organisational digital security and mitigation of cybercrime threats. We assist our corporate clients integrate regulatory compliance in their internal IT governance policies and processes.
In order to protect the trust in a digital environment for online transactions, it has become necessary to ensure robust mechanisms for consumer protection, grievances redress, refunds and exchanges.
We are able to provide clients with a clear understanding of consumer protection issues online. We advise on requirements for regulatory compliance, internal policies and procedures for compliance, data protection, intellectual property ownership and retention of records that has a consumer impact.
The Electronic Communications and Transactions, 2002 (ECT Act) regulates the legal validity of business conducted electronically. Non-compliance with the ECT Act can result in business conducted electronically not having the full effect of law. The ECT Act makes provision for records to be created and retained electronically and deemed original if the integrity is maintained assessed according to specific criteria.
We assist organisations develop internal policies to comply with the regulatory requirements for digital retention of records. This includes drafting registers of statutory retention periods and policies to preserve the integrity of digital records.
Taxation has historically been residence taxation and source taxation: contributions to the public services provided in the country of residence applied to all income. Taxation law is being extended to provide for how the digital economy will be taxed. At EndCode we are following the developments internationally, and on the continent including stakeholder consultations, proposals for amendments to laws and implementation of new laws. Our services include advisory insights on developments of interest to our clients and assisting our clients navigate regulatory compliance in the new digital tax era.
Due to the ubiquity of ICT organisations are increasingly adopting the use of consolidated and harmonised sets of compliance controls that ensure that all necessary ICT regulatory compliance requirements can be met.
We assist clients define their IT Regulatory Compliance Profile related to IT processes, systems and technologies, unique industry regulatory environment and territories of operations. We assess our client’s conformance with the controls using industry best practice benchmarks. We implement programmes, governance structures and awareness campaigns to ensure ongoing compliance and regulatory compliance risk mitigation.
Drafting of Tech Engagement Agreements with key clients, partners, independent service provider and subcontractors to establish the rights and responsibilities of the parties, commercial terms of the engagement, address issues of intellectual property ownership, service levels and milestones as well as provide for limitations on the services provided. Internal policies and procedures promote internal governance and legal risk mitigation to govern issues of privacy, data protection, intellectual property responsibilities of staff (and contractors) whilst specific engagements, specific legal concerns, technology legal implications in specific territories of work etc. may include training, consultation and legal advisory memoranda that provide recommendations on specific legal issues.
World Summit on Information Society defined Internet Governance as – “development and application of rules, norms, principles, practices by govt, civil society, business, each within its own respective role, to enable the evolution and use of internet”.
Technical aspects such as control over DNS servers etc
Civil aspects such as privacy, freedom of expression etc
Political aspects such as maintenance of sovereignty
Security aspects such as data security, cyber security etc
We contribute to and attend internet governance meetings and fora supporting greater inclusion of African perspectives in internet governance decision making. We provide our government and non-governmental clients with insights on developments and trends in internet governance.
Knowledge of and application of intellectual property law is important for all organisations. First steps to protection of intellectual property include entering into a Non Disclosure Agreement with parties to whom you disclose proprietary information and ensuring a Restraint of Trade is entered into with employees. EndCode assists organisations protect their intellectual property in a digital medium and implement open approaches to intellectual property.