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Showing posts from August, 2018

SEARCH ENGINES, SOCIAL MEDIA AND THE ‘RIGHT TO BE FORGOTTEN’

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A 2014 CASE , heard in the Court of Justice, European Union, between Google Inc and the Spanish Data Protection Agency created some virtual waves in the legal and Internet technology industries, particularly given the ever-expanding swathe of data collected about each of us, every time we use a search engine or access social media sites. This case is particularly interesting given the potential impact it has for Website Terms of Service and Privacy Policies in South Africa. The case concerned a Mr. Gonzalez who requested that the Spanish Data Protection Agency instruct Google to remove all personal data relating to Mr. Gonzalez so that his personal search data did not show up in Google searches of his name. Mr. Gonzalez had some undesirable electronic information linked to his name, which was presented in a mix of web pages, images and other files, and he wanted this to disappear. The data protection agency upheld this request and issued the instruction to Google Inc and its loca...

INDEPENDENT CONTRACTOR OR EMPLOYEE? THE TRUE STATE OF AFFAIRS

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THIS QUESTION has been considered in a number of countries around the world. For example, in California, certain drivers have been ruled employees despite Uber having ‘employed’ them as independent contractors. What’s the significance between the two? In the case of employees, the Basic Conditions of Employment Act and Labour Relations Act (LRA) apply, and you would have to register for the Skills Development Levy, UIF, Workman’s Compensation, SITE and PAYE, which entail continuous monetary contributions. Ending an employee’s employment is also far harder than terminating an independent contractor. The LRA ensures that certain procedures, including disciplinary hearings, are followed before an employee can be dismissed. Independent contractors on the other hand are often simply issued a notice of termination. “Legal Legend’s Trademark Registration Service: A trademark is a “brand” or “logo” that you can use to distinguish your product from those of your competitors.  Thr...