‘Tis the season to be merry! As the new year approaches, staff embark on that obligatory end-of-year go-slow. You stumble across evidence that instead of franticly ticking off their end-of-year objectives, your employees are spending Company time surfing the web and socializing on social media. Your internet is being eaten up in illegal downloads as they madly accumulate all the latest blockbusters for the kids to watch on holiday. And when they’re not browsing YouTube they’re merrily sharing countless jokes, video clips, photos and hug me bears on Facebook with their friends and family. Your immediate reaction may be to task your IT guy to investigate who the transgressors are and to prepare their walking papers. However, in light of the Regulation of Interception of Communications and Provision of Communication-Related Information Act (yes, we also question how the drafters dreamt that name up!), this may not necessarily be a wise move. In terms of this Act, you are not allowed to intercept your employees’ communications without their consent. Even if they are using Company infrastructure. Disregard this seemingly innocuous piece of law at your peril: you could face a fine of R2 million or 10 years in prison. Read More.....

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