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Awareness of ICT laws crucial

Jacob Nthoiwa
By Jacob Nthoiwa, ITWeb journalist.
Johannesburg, 26 Nov 2009

ITWeb's IT Governance, Risk and Compliance conference

More information about ITWeb's GRC conference, which takes place on 3 & 4 February 2010 at The Forum in Bryanston is available online here

Staying up to date with legal developments relating to ICT is crucial in today's economic climate, says John Giles, partner at Michalsons Attorneys.

Giles advises organisations to familiarise themselves with the latest legislation to avoid legal disputes and difficulties, which in turn reduce legal budget and spend.

In this way, companies can reduce costs by helping themselves rather than using lawyers at high hourly rates, he adds.

Giles will speak at the ITWeb IT Governance, Risk and Compliance conference, being held on 3 and 4 February 2010 at the Forum, in Bryanston. His presentation will focus on making organisations aware of the ICT laws that apply to their business.

“I'll provide a high-level overview of ICT laws,” says Giles, adding that he aims to draw a big picture of ICT law and how the individual laws fit together. “I will also try to facilitate a discussion on the difference between IT and ICT.”

Giles will explain why organisations need to be aware of regulations and who is responsible for compliance. ”I will look at the role of directors, CIOs and IT managers, risk officers, and compliance officers.”

He notes that understanding the context of ICT laws and how they interact is crucial to the organisation. For this reason, Giles will explore the link between the governance principles in King III and ICT law, as well as compliance with ICT legislation.

Regulating privacy

Up until now, says Giles, there have been very few laws and regulations an organisation had to comply with when it came to ICT. “That is about to change with the Protection of Personal Information Bill that has been passed by cabinet and the Electronic Communication and Transaction Act."

He says with the Protection of Personal Information Bill, organisations will still be able to process personal information, but it will have to be done in accordance with the regulatory environment.

Currently, the constitution and common law are dealing with privacy, he says. "However, the Protection of Personal Information Bill is required to bring SA in line with the rest of the world when it comes to privacy and the protection of personal information. It is necessary so SA can participate in the global economy, he adds.

Giles explains that the Electronic Communication and Transactions Act facilitates electronic communications and electronic transactions. It also provides for legal certainty with regards to documents in an electronic format.

In light of the King III release and the forthcoming Protection of Personal Information Bill, the conference will bring organisations up to speed on the latest legislation and best practice standards.

It will also examine the various elements that need to be incorporated into an organisation's governance, risk and compliance (GRC) strategy and explore practical measures for implementing effective GRC within an organisation.

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