Info Pages
Contact Details
Practice Area
- Alternate dispute resolution
- Arbitration
- Artificial intelligence law
- B-BBEE
- Commercial property
- Commercial law
- Corporate investigations including recommendations on risk mitigation
- Compliance and Risk Advisory
- Data protection
- Employment law
- Environment; sustainability and due diligence
- Governance including drafting of Board Terms and Reference and adherence to King Code of Conduct ; Companies Act
- Financial services regulatory
- Fintech
- Government Contracting and procurement
Artificial Intelligence Law
AI has become a significant introduction into business and impacts on most sectors. Like the internet, the introduction of AI into all sectors cannot be ignored. Failure to prepare one’s business or services to create efficiencies and competitive advantage and respond to the risks of AI will have significant impact on business and services. Business has to take cognizance of AI in its strategy and operations. The South Africa: Department of Communications and Digital Technologies released Artificial Intelligence Policy Framework in August 2024. This framework will form the basis of the legislation. The legislation should provide a framework that will address most potential risks. It should be technology neutral and should not be prescriptive. The World Economic Forum in its 2004 Risk Report has set out the risks associated with AI.
In response to the risks, regulatory frameworks need to address some of the following issues:
- Prescribed governance related to the use of AI.
- Identification of AI-generated products.
- Consideration of limitations to the riskiest uses.
- Determination of liability for AI-induced harms.
- Protection of information and privacy.
- Intellectual property ownership of AI.
- Consideration of registration and licensing of the most powerful versions of AI technology.
- Risks should be reported to the regulator and should form the basis of regulations or risk based guidelines.
- The legislation should consider the impact of AI on anti money laundering and illicit financial flows.
- The impact of AI on anti money laundering and illicit financial flows.
- RSS will provide advise on the legal and regulatory impact of AI on your business; product development and its alignment with other systems and regulatory processes like FICA ; PoPIA and Consumer Protection Law.
Info Pages
Contact Details
- +27 11 568 1158
- connect@rsslaw.co.za
Practice Area
- Alternate dispute resolution
- Arbitration
- Artificial intelligence law
- B-BBEE
- Commercial property
- Commercial law
- Corporate investigations including recommendations on risk mitigation
- Compliance and Risk Advisory
- Data protection
- Employment law
- Environment; sustainability and due diligence
- Governance including drafting of Board Terms and Reference and adherence to King Code of Conduct ; Companies Act
- Financial services regulatory
- Fintech
- Government Contracting and procurement
Technology, Communications, Payments and Banking Law
The convergence of technology has resulted in the introduction of products and services that bring together telecommunications, information technology, banking and payments. Our team has extensive knowledge of the operations, regulatory requirements and legal risks that constitute these sectors. Complying with the regulatory frameworks including licensing requirements and mitigating legal and operational risks is paramount. The introduction of products and services require legal arrangements and/ or rules between various service providers and regulators that create innovation, improve service delivery, reduce costs and create greater efficiencies.
We can offer the following services in this regard:
- Commercial contracts on all aspects of the procurement, development and implementation process.
- Negotiation of all licensing terms with regulators and service providers.
- Drafting and interpreting of rules between service providers and/or regulators.
- Drafting submissions to regulatory authorities , executive and parliament on all.
- legislative and regulatory matters.
- Advice on regulatory requirements for the development of products and services.
Banking and Insurance Law
The Financial Sector Regulation Act 9 of 2017, introduces the twin peaks model which separates Conduct and Prudential Regulation. We have experience drafting the regulatory framework and implementing the framework in the financial sector. The Conduct Regulatory Framework has to be embedded in products, services and the culture of financial service providers.
Pension and Employment law
Our team can provide advice on all aspects of Employment law including the following:
- Drafting of internal policies and procedures that comply with the range of Employment Law including the Labour Relations Act , the Employment Equity Act, the Basic Conditions of Employment Act, the Skills Development Act, the Occupational Health and Safety Acts and the Pension Funds Act.
- Providing advice on the above legislative framework.
- Providing alternate dispute resolution of workplace conflicts.
- Adjudicating disciplinary hearings.
- Training on all aspects of Employment and Pension Law.
- Acting on behalf of employers and employees in disciplinary hearings and subsequent litigation.
Environmental and Sustainability Law
Legislative requirements and becoming a responsible corporate citizen requires organisations to comply with Environmental Law in their service offerings and their operations.
- We can provide legal and regulatory advice on legislative and legal requirements for all sectors on Environmental law.
- We can manage the acquisition of permissions with regulatory authorities.
- We can provide training on all aspects of Environmental Law.
- We can conduct due diligence on environmental law compliance.
The drafting of Sustainability Plans is recognised as a key aspect of conducting business in various sectors. This plan aligns the business strategy and operations with good sustainable practice . Our team can craft sustainability plans which are effective, easy to implement and create value.
Data Protection and Privacy Legislation
Information is the most valued commodity in most sectors. The Protection of Information Act has introduced a framework that seeks to protect information dissemination and use.
We offer:
- We align international data privacy regulatory frameworks with local legislation where applicable.
- We provide advice on the data processing requirements set out in legislation and its impact on business processes, systems and services.
- We draft and vet policies and contracts that gives effect to the legislation.
- We advise on the impact of privacy law on transactions.
- We create compliance tool kits and controls to assist the business to comply.
- We create job specification for information officers and guidelines on ambit of the statutory role requirements.
- We conduct training and awareness for all levels of the business on the legislative and policy requirements and how it impacts on operations.
- We advise employers on their obligations regarding the processing of the personal information of employees.
Regulatory and Compliance
Ensuring that organisations comply with legislative and other legal requirements is an essential aspect of the business, as non-adherence or non-compliance has a direct impact on the viability of the business and the liabilities and punitive measures that can accrue to the business, the Executive and the Board of Directors.
The conducting of the Regulatory Audit/Evaluation by an Independent Law Firm serves to address risks that may arise from non-compliance with Legislation, Regulation, Licences and Regulatory consents (“the Regulatory Universe”) and provides internal and external assurance on this crucial matter. The Regulatory Audit/Evaluation will also contribute to creating efficiencies and cost saving in the business.
- We draft submissions, conduct presentations and engagements to Regulators, Government Departments and Parliament on impact of regulatory frameworks. This is to ensure that the legislation does not adversely impact business and compliance with it.
- Interpret regulatory frameworks and create strategic plans that aligns organizational strategy with regulatory frameworks.
- Develop the legislative universe applicable to specific organisations, draft policies , processes and operating models, controls and toolkits to give effect to the legislative framework.
- Conduct regulatory audits to assess compliance risk and suggest remedial measures.
Corporate Investigations
Corporates are plagued with conduct by officials which do not align with the organizational values, cause financial and/or other harm/loss to the organisation and violate the law and/or internal policies.
The relevant Companies Law, Anti Bribery and Anti Corruption Law and other legislation should be entrenched in the organisation and applied to most investigations.
Investigations can also be conducted to assess cause of certain business risks in operations, governance or can be detected by adverse client feedback or product or service failure.
These investigations will detect cause and impact of the risk. The remedial measures will suggest changes and improvements to all aspects of the business related to the risk.
The investigations will be conducted by experienced attorneys, specialized forensic experts, forensic accountants and information technology and cyber security experts where necessary.
The procurement of an Attorney by corporates provides the advantage of ensuring that clients have professional legal privilege.
Legal professional privilege is the right of a client to the confidentiality of communications between a client and his or her legal advisor. Any advice or communication between the attorney and client will not be subject to disclosure. This right /advantage can only be provided by an Attorney. Civil and Criminal proceedings can also be initiated by the firm on instruction of clients after investigations. Having extensive exposure to the operations of corporates in various sectors, the firm can also suggest remedial measures to mitigate any financial, reputational and legal risk.
Governance
Effective governance frameworks are not only necessary to ensure mandatory legislative compliance but are key to ensure that organisations have necessary oversight accountability and strategic guidance. These factors are essential components to the success of organisations. We understand organizations operations and regulatory requirements for various sectors.
- We can draft governance frameworks that align legal requirements and operational needs. This includes structuring Board Committees to ensure efficiency and mitigate risk
- We draft Terms of reference for Board Committees.
- We train Board Members on governance and regulatory frameworks.
- Annual Reports provide an opportunity for organisations to show case their offerings as well as report on mandatory aspects. The tone, structure and content of the report is key to the image and value of an organisation. We can craft the content of these reports to ensure that they meet the legislative requirements and showcase the organisation in a most favourable way which will create competitive advantage.
Mining Law
Mining is one of the most important sectors in South Africa. An active mining sector contributes positively to economic growth, stability and job creation. The mining sector is highly regulated. The business has to have a Regulatory Universe. This is a document that sets out the legislative requirements, licence conditions and regulatory consents that the mining business is obliged to comply with.
Some of the legislation which requires more attention include Occupational Health and Safety legislation and all other applicable legislation including policies and operating procedures, governance and processes for investigations and disciplinary actions.
Adequate consideration and measures including checklists, compliance toolkits, controls and remedial measures need to be implemented to mitigate the risks that could arise.
- We provide training on all legislative and regulatory aspects.
- We compile regulatory universes that sets out the legislation that the organization needs to adhere to.
- We draft policies and standard operating procedures.
- We draft commercial contracts.
- We conduct investigations and can chair disciplinary and other matters.
Anti-Corruption and Anti-Bribery Law
There are legislation which require mandatory compliance in the area of Anti Corruption and Anti- Bribery Law. If business has reach outside the SA jurisdiction, mandatory compliance with the relevant country is required.
We interpret the requirements of the legislative framework and create toolkits, controls and checklists to ensure compliance.
We provide advice regarding the impact of this legislation in contracts and transactions, including cross border contracts and transactions.
- We can draft governance frameworks that align legal requirements and operational needs. This includes structuring Board Committees to ensure efficiency and mitigate risk
- We draft Terms of reference for Board Committees.
- We train Board Members on governance and regulatory frameworks.
- Annual Reports provide an opportunity for organisations to show case their offerings as well as report on mandatory aspects. The tone, structure and content of the report is key to the image and value of an organisation. We can craft the content of these reports to ensure that they meet the legislative requirements and showcase the organisation in a most favourable way which will create competitive advantage.
CONTACT US
- connect@rsslaw.co.za
- +27 11 568 1158
INFORMATION
POLICIES
Registration Number: 2024/629299/21
Legal Practice Number: F72676