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business areas






it law, technology and e-commerce

IT law essentially governs the process and dissemination of information digitally and covers a broad range of different aspects relating to computer software, protection of computer software, access and control of digital information, privacy, security, internet access and usage, and electronic commerce.  These laws are also known as "paper laws" for "paperless environment".

At ENS (Edward Nathan Sonnenbergs), our specialist team of lawyers has experience in both the public and private sectors in all aspects of communications law, including the commercial and regulatory aspects of telecommunications, broadcasting, media law, convergence, signal distribution, and space and satellite law.

We also have experience in the following:

  • Corporate and commercial: financing, advising on risk and due diligence, and advising on commercial and  corporate transactions involving operators, service providers and suppliers;
  • Regulatory negotiations: negotiating with regulatory authorities, industry bodies and Ministries; 
  • Policy development: making written and oral submissions to Parliament and to the Independent Communications Authority of South Africa (ICASA)
  • Institutional development: dealing with international bodies such as the International Telecommunications Union (ITU), the Telecommunications Regulator's Association of Southern Africa (TRASA) and the Southern African Telecommunications Association (SATA).

Our IT Law team is a highly focused specialist team which, in addition to general commercial experience, specialises in all aspects of law relating to information technology.  We offer a three-fold combination of integrated and seamless: hands-on business expertise, IT expertise and legal expertise.  Our team has expertise in the following areas:

  • Systems Integration
  • Outsourcing
  • Managed Services
  • Business Process Outsourcing and Management
  • Teaming Relationships
  • Joint Venture Relationships
  • Consultancy Relationships
  • Consortium Relationships
  • BEE and SMME Relationships
  • Sales and Marketing Relationships
  • Cross Border Transactions
  • Software Development
  • Software Licensing
  • Manufacturing Licensing
  • Escrow (ENS is also an Escrow Agent)
  • Channel Relationships including (OEM, VAR, Dealer, Distributor)
  • Support and Maintenance
  • Service Level Agreements
  • Technology Acquisition (Purchase and Rental)
  • Intellectual Property
  • Public Sector & Private Sector Tenders and RFP's
  • General Tender Processes
  • e-Commerce
  • e-Business
  • Shrink-Wrap Agreements
  • Click-Wrap Agreements
  • Website Maintenance
  • Website Hosting
  • Internal Policies, including e-Mail Policies, Website Usage Policies and Privacy Policies
  • IT Due Diligence
  • Product Recalls
  • Interpretation and Application of Legislation affecting the IT Industry

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