Communication and Technology

Overview

Ebersöhns advises on a range of legal matters in the communications and technology sector in South Africa and throughout Africa, acting for technology companies, service providers, platform operators and stakeholders operating in digitally driven environments.

The sector is characterised by rapid innovation, evolving regulatory frameworks and increasing reliance on data and digital infrastructure. Legal support in this context requires an understanding of both the underlying technology and the regulatory landscape in which it operates.

We provide legal services across both transactional and contentious matters, with a focus on ensuring that arrangements are legally sound, compliant and aligned with our clients’ commercial objectives.

What Makes Us Different

We approach communication and technology matters with a practical understanding of how businesses operate in this sector.

We act as a strategic legal partner to businesses operating in a sector where legal, technical and commercial considerations are closely interconnected.

Our role extends beyond the drafting of agreements. We work closely with our clients to understand their platforms, services and operational structures, enabling us to provide advice that is both legally robust and commercially relevant.

This enables us to:

• Provide clear guidance in complex and evolving regulatory environments
• Structure technology and communication arrangements effectively
• Identify and mitigate legal and operational risk at an early stage
• Support clients in both local and cross-border matters

Our Services

Our communication and technology services include:

Commercial and Technology Agreements

• Drafting and negotiating technology and service agreements
• Advising on software development and licensing agreements
• Drafting and reviewing platform, SaaS and subscription agreements
• Advising on outsourcing and managed services arrangements
• Structuring agreements between technology providers and clients

Regulatory and Compliance

• Advising on regulatory frameworks applicable to communications and technology businesses
• Assisting with licensing and compliance requirements
• Advising on compliance with electronic communications legislation
• Advising on regulatory risk and governance in digital businesses

Data Protection and Privacy

• Advising on compliance with the Protection of Personal Information Act (POPIA)
• Drafting and reviewing data processing and data sharing agreements
• Advising on data governance and security obligations
• Assisting with data breach response and regulatory considerations

Digital Platforms and Online Services

• Advising on the structuring of digital platforms and online services
• Drafting platform terms and conditions and user agreements
• Advising on liability and risk allocation in digital environments
• Advising on e-commerce and electronic transactions

Intellectual Property and Technology Rights

• Advising on ownership and protection of intellectual property
• Drafting and negotiating licensing and assignment agreements
• Advising on use of software, content and digital assets
• Managing IP-related risks in technology transactions

Dispute Resolution and Litigation

• Acting in disputes arising from technology and communications agreements
• Advising on breach and enforcement of technology contracts
• Representing clients in High Court litigation and alternative dispute resolution
• Advising on disputes involving data, systems and digital platforms

Operational and Industry Advisory

• Advising on ongoing legal requirements for technology and communication businesses
• Assisting with structuring operational frameworks
• Advising on compliance with industry standards and practices
• Supporting the day-to-day legal needs of technology-driven businesses

Let’s Talk

Communication and technology matters require clear, practical and commercially informed legal advice. Contact us to leverage the strategic benefits of collaborating with our team of professionals.