The right to be forgotten

The right to be forgotten

The right to be forgotten

The recent global focus on Facebook and Cambridge Analytica’s use of data and the forthcoming General Data Protection Regulation (GDPR) have thrown the spotlight on data and privacy issues. An important issue in this context is whether an individual has the right for that data to be removed or forgotten. A recent UK High Court ruling has found that individuals…

The risks of court choices highlighted in new case

The risks of court choices highlighted in new case

The risks of court choices highlighted in new case

When assessing the potential risks to, and exposures from, potential litigation, it can be important to consider the corporate structure of your organisation. As the recent jurisdiction cases where we have seen attempts to bring African liabilities before the UK courts illustrate, the position is not clearcut. In a recent article (Trend of environmental litigation against holding corporations on the…

A breath of fresh air

A breath of fresh air

A breath of fresh air

At the end of last year, we were commenting on the changing of the old guard and it seems Africa collectively is sweeping out the old and bringing in a new approach. Across the continent, 2018 seems to have started with a fresh enthusiasm for life – and for business. Overall, 2017 proved to be a tough year in terms…

Trend of environmental litigation against holding corporations on the increase

Trend of environmental litigation against holding corporations on the increase

Trend of environmental litigation against holding corporations on the increase

Environmental litigation against holding corporations for environmental damage caused by their subsidiaries abroad, globally, is increasing. In England, these claims have origins in employers liability claims of the 1990s, when the workers of foreign subsidiaries began suing holding corporations in the English courts for alleged health and safety breaches. The English courts have since been presented with several environmental claims,…

Scaling the insurance prudential peak of ‘Twin Peaks’

Scaling the insurance prudential peak of ‘Twin Peaks’

Scaling the insurance prudential peak of ‘Twin Peaks’

On 17 January 2018, the President of South Africa signed the Insurance Act (the Act) into law. Risk managers and their insurers will need to understand the implications of the Act, which along with other key regulatory measures, provides a consolidated legal framework for the prudential supervision of the insurance sector, consistent with international standards for insurance regulation and supervision.…

Driving forward innovation through blockchain in 2018

Driving forward innovation through blockchain in 2018

Driving forward innovation through blockchain in 2018

For the insurance market, there has arguably been no greater potential for growth and innovation in recent years than that provided by blockchain, or distributed ledger technology. To realise this potential and reap the benefits of blockchain, it is widely acknowledged that collaboration across the value chain will be vital. A number of recent announcements towards the end of 2017…

Africa: The next generation, hope and the nation

Africa: The next generation, hope and the nation

Africa: The next generation, hope and the nation

The disparity between the advanced ages of many African leaders and the youthful populations over which they preside is remarkable: the average age of African heads of state is currently 65, about ten years older than the average age of current EU heads of state or US presidents on election. The demographic pressures that come from below have undoubtedly been…

Incident response plans: Dealing with data breaches and cyberattacks in South Africa

Incident response plans: Dealing with data breaches and cyberattacks in South Africa

Incident response plans: Dealing with data breaches and cyberattacks in South Africa

Organisations of all sizes and across all industry sectors are becoming targets of cyber criminals. Attacks are becoming more frequent, more sophisticated and with dire consequences. A focus on mitigation is vital and requires an incident response plan. In South Africa, the Cybercrimes and Cybersecurity Bill, introduced to parliament in February 2017, aims to consolidate offences relating to cybercrimes, as…

A new year and new opportunities

A new year and new opportunities

A new year and new opportunities

Changing the old guard is never an easy thing but it seems the time had come for Zimbabwe. Now that Emerson Mnungagwa is firmly at the helm, the first signs have been encouraging, although the world is watching to see if anything will really change. Desire for change was also at the heart of the UK’s decision to leave the…

Arbitration on rise as investment grows across Africa

Arbitration on rise as investment grows across Africa

Arbitration on rise as investment grows across Africa

International investment is flowing into Sub Saharan Africa and economic fortunes are on the upswing. One consequence has been an increase in the emergence of disputes, creating an opportunity for states and interested parties to consider whether existing dispute resolution frameworks are fit for purpose. In the energy sector, parties often decline to resolve disputes before the local courts, preferring…

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