Nerushka Bowan

Photo of Nerushka Bowan Nerushka Deosaran is a technology lawyer based in Johannesburg. Nerushka focuses on data privacy, and has experience with various data privacy matters for a number of international and local clients. She has also been involved in numerous IT related transactions including large multi-jurisdictional outsourcing transactions and broadband network infrastructure projects. She also advises on media law issues, including the use of social media and industry regulation in terms of the Film and Publications Act.

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South Africa: new rules for advertising crypto asset

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
The South African self-regulatory body, the Advertising Regulatory Board (ARB) updated its Code of Advertising Practice to include a new section dealing with crypto assets (Clause 17 in Section III). Crypto asset advertisements must: Crypto asset advertisements should not: The aim of these rules are to prevent consumers from being misled when dealing with crypto … Continue reading

Retention of records in South Africa

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
This blog was co-authored by: Preshanta Poonan, associate designate. South African businesses are required by law to retain a multitude of records depending on the relevant legislation and the industry or business. Since South Africa’s Protection of Personal Information Act, 2013 (POPIA) enactment, there has been much uncertainty surrounding retaining information in South Africa. POPIA … Continue reading

Crypto Wallets: What You Need To Know

Photo of Nerushka BowanBy Nerushka Bowan on Posted in Finance
This blog was co-authored by: Preshanta Poonan, Associate Designate Bitcoin started the cryptocurrency frenzy in 2009, and since then there have been several new cryptocurrencies launched which are fast growing in interest and adoption. When purchasing cryptocurrency, it is important to understand how the wallets work that store your crypto. You must choose the right … Continue reading

South African Cybercrimes Act is now law!

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
This blog was co-authored by: Victoria Pillay, Associate The President has proclaimed that, from 1 December 2021, certain sections of the Cybercrimes Act, 2020 will come into full force. The Cybercrimes Act aims to: regulate and harmonise legislation in respect of offences committed using electronic mediums, and creates offences which have a bearing on cybercrime … Continue reading

Information Regulator held its inaugural meeting on 1 December 2016

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
According to a media statement issued by the Chairperson of the Information Regulator, Advocate Pansy Tlakula, the Information Regulator’s office held its inaugural meeting on 1 December 2016 at Salu Building in Pretoria. During the meeting the following responsibilities were allocated to the full-time members: Adv Collen Weapond has been designated as the full-time member responsible … Continue reading

POPI Regulator to commence duties on 1 December 2016

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
The functions of the Information Regulator include: to provide education about the Protection of Personal Information Act, for example, giving advice to data subjects in the exercise of their rights; to monitor and enforce compliance with POPI; to consult with interested parties; to handle complaints; to conduct research and to report to Parliament; to issue … Continue reading

Members of Information Regulator for POPI voted by Parliament

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
On Wednesday, 7 September 2016, the National Assembly approved the nomination of advocate Pansy Tlakula as the Chairperson of the Information Regulator for the Protection of Personal Information Act 2013 (POPI). Four other appointments that were approved – full-time members Advocate Lebogang Stroom and Johannes Weapond; and part-time members Professor Tana Pistorius and Sizwe Snail. … Continue reading

Self-service medicine-dispensing machine launched at International AIDS Conference

Photo of Nerushka BowanPhoto of Rakhee BhikhaBy Nerushka Bowan and Rakhee Bhikha on Posted in General
The Department of Health in South Africa has recognised that one of the reasons for the failure to achieve ‘Health for All’ as envisioned by the Alma Ata Declaration is the failure to address health systems effectively. In line with their intention to prioritise access to medicines and vaccines the department launched self-service medicine-dispensing machines … Continue reading

Medical technology initiatives announced in Health Minister’s budget speech

Photo of Nerushka BowanPhoto of Rakhee BhikhaBy Nerushka Bowan and Rakhee Bhikha on Posted in General
The use of technology in the health sector is on the rise.  The intersection of these two industries leads to interesting legal questions relating to digital risk, including big data analytics, data security and privacy. In his budget speech on 10 May 2016, Minister Aaron Motsoaledi discussed the following interesting medical technology initiatives being undertaken … Continue reading

Prepare for POPI – regulator shortlist

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
On Wednesday, 13 April 2016, ten shortlisted candidates were named by the Portfolio Committee on Justice and Correctional Services for five positions within the Information Regulator established in terms of the Protection of Personal Information Act 2013 (POPI). The shortlisted candidates are: Advocate Pansy Tlakula Mr Johannes Weapond Mr David Taylor Adv Lebogang Stroom Mr … Continue reading

South African perspective on ECJ ruling that Safe Harbo(u)r is invalid

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
South Africa’s Protection of Personal Information Act 2013 (POPI) is largely based on the principles of the EU data protection directive. This includes the requirement that personal information must be adequately protected when transferred cross-border (assuming none of the other grounds apply). As the US does not have privacy laws equivalent to the EU it … Continue reading

Cybercrimes and Cybersecurity Bill: Draft for public comment

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
The Cybercrimes and Cybersecurity Bill [B-2015] has been published for comment together with a discussion document. The intention is to create 20 new cybercrime offences including data access and data use, computer-related fraud, terrorism and a number of other crimes committed by means of a computer, prohibited hate speech and incitement to violence, infringement of … Continue reading

POPI Information Regulator to be appointed

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
An agreement has been reached between the justice department and national treasury regarding the salary grading for the Information Regulator. The nomination process in the Protection of Personal Information Act, 2013 (POPI) for appointment of the Regulator will soon be initiated. Section 41 requires a multi-party committee of the National Assembly to assist with the … Continue reading

Who owns your Instagram content?

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
You do (at least as between you and Instagram—your employer may have ownership rights in certain situations)!  Instagram does not claim ownership of any content that you post. You do grant Instagram very broad license rights:  a non-exclusive, fully-paid and royalty-free, transferable, sub-licensable, worldwide license to use content that you post. This license grant means … Continue reading

WhatsApp your contract

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
A recent court decision (Spring Forest Trading v Ecowash) potentially allows contracting parties to sign their contracts by way of a data message (which includes emails and other communication platforms such as WhatsApp, BBM and social media) by typing their name at the end of a message. In the case, the contract was subject to … Continue reading

3 reasons why POPI is good for South Africa

Photo of Nerushka BowanPhoto of Kerri Gevers (SG)By Nerushka Bowan and Kerri Gevers (SG) on Posted in General
We often hear complaints about the additional red tape that compliance with the Protection of Personal Information Act, 2013 (POPI) will impose on business. Although compliance will be a continual process, it should not be viewed as an impractical or overly burdensome task. POPI is not aimed at restricting business and should be applied practically. … Continue reading

Social media: what happens to your account when you die?

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
Will you instruct your executor to memorialise or close your Facebook account or will you sign up to DeadSocial to post goodbye messages posthumously? The US government has created guidelines for dealing with your digital afterlife. It also provides a template social media will. The US government’s first guideline is to read the terms and … Continue reading

Protection of Personal Information Act: Ten things to know

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
We have published a handy ten things to know about the Protection of Personal Information Act (POPI). We look briefly at issues such as how POPI applies to your organisation, direct marketing, cross-border transfers, notification of data breaches and enforcement. Once the act and regulations are brought into force you will have a year to … Continue reading

Social media: did you know?

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
We’ve broken it down for you. How many of us actually read social media terms of use? Be wary: you allow public information to be accessible over public search engines. When you tweet you: Grant Twitter a licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute content in any manner or … Continue reading
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