I've been preparing for my presentation at the Advertising and Marketing Law Conference on 15 October and reading through some materials I'll probably reference in my slides. One paragraph just stood out for me in Anil Dash's article "What is Public?": The conventional wisdom is “Don’t publish anything on social media that you wouldn’t want to... Continue Reading →
According to The Guardian, Apple has imposed contractual restrictions on developers that prohibit them from sharing health data they may receive through an anticipated range of health-related apps which iOS 8 will usher in through a platform called HealthKit: Its new rules clarify that developers who build apps that tap into HealthKit, of which Nike... Continue Reading →
I had to apply for unabridged birth certificates for our children the other day so I sat down in front of my laptop, browsed to the Department of Home Affairs' website and logged into the secure Civic Services portal to start the process. I used my new ID card with its embedded personal digital certificate... Continue Reading →
This article was originally published on LinkedIn as "How I sold my car in 2034". Prologue Contracts are increasingly complex and difficult to navigate, even with recent efforts to simplify the language we use. Much of this is the result of efforts to express complex and interrelated legal and compliance concepts in words and since... Continue Reading →
Many people think that going digital is problematic from a legal perspective and, to a large extent, it isn't. It does require that you understand the implications and adjust your workflows to suit the digital paradigm.
I spoke to Kieno Kammies on 567 CapeTalk radio this morning about a troubling trend. As you can hear from the segment, below, the concern is partly about people being photographed in suspicious ways in public. One example is a person following women around shooting video of them or taking photos without their knowledge. This... Continue Reading →
GigaOm has an interesting article titled "New breed of lenders use Facebook and Twitter data to judge borrowers" which looks at a growing trend in financial services industries. Banks and other lenders are starting to look at customers' social media profiles when assessing their needs and the risks they may pose as debtors. An emerging South African consumer protection framework could support extension of this behaviour to South Africa, if it hasn't already been adopted.
Revelations about US and UK intelligence agencies' global Internet surveillance campaigns have highlighted the need for lawyers to take further steps to secure client data using more robust encryption technologies.
One of the behaviours I haven't really understood completely is why agencies and their clients don't seem to grasp the importance of adequate legal frameworks to effectively support their social marketing and collaborative business initiatives? What has been clear is that very few marketers understand just how important it is to have good legal advice and frameworks and they frequently use something that looks right so they can tick the legal compliance box. Unfortunately that isn't a very good solution because even the best intentions won't be much help if they are also woefully uninformed. Most marketers that we have dealt with seem to be aware of the need for some sort of legal structure for their work and yet they just don't take sufficient steps to understand their risks and cater for them. My recent diabetes diagnosis came to mind as an interesting analogy which I explore in this post.