Our Technology, Media & Telecommunications team

uses its understanding of the technology sector to deliver cost-effective and innovate solutions for both suppliers and consumers.

Groundbreaking Matters

"They were exceptionally brilliant in what they delivered. They understood the African context, not just South Africa but the way other African markets operate."

Chambers Global 2019

Technology, Media & Telecommunications

Broad Expertise

Our team can offer you advice on a wide range of functions and sector-related issues including: ICT infrastructure; software licensing, distribution, integration and development; services integration and aggregation; contract management; off-shoring; procurement; business processing; technology turnkey solutions; e-commerce; software and technology-related intellectual property issues; data privacy; cloud service solutions; and information security.

Full service legal advice

We can support the full scope of projects in which you may be engaged, from conception through to conclusion.

Our team has the support of CDH’s full service business practices to give you expert input on related issues such as intellectual property, black economic empowerment, employment, tax, administrative and competition law implications.

Across borders

We have been engaged in transactions in sub-Saharan and West Africa, and in Europe. We are able to project manage your IT and outsourcing requirements on a worldwide basis.

  • Appointed by Nedbank Limited on a long term retainer arrangement (which continues to remain in place) assisting the bank with the drafting and negotiation of all its technology sourcing agreements and related electronic communications and telecommunications advice, including advising on major transactions relating to various software upgrade programmes and its ERP software roll-out and Oracle software arrangements.

  • Assisting Ndalo Luxury Ventures (Proprietary) Limited with the drafting and negotiation of its public relations and supplier agreements.
    Advising clients on the interpretation of specific terms of a telecommunications outsourcing agreement relating to LAN and WAN services. Our opinion was instrumental in achieving a favourable multi-million rand settlement for client.

  • Assisting clients with the vetting and negotiation of agreements relating to the licensing, implementation and ongoing services in respect of an ERP solution.

  • Advised clients in respect the termination of their current IT outsourcing service arrangement and agreements relating to the transition to and conclusion of their new IT outsourcing service arrangements.

  • Advised a client in respect of its tender requirements and proposed agreement relating to its IT outsourcing service arrangement. This matter involved the outsource of the client's functions (including desktop, server and network services) and will involve evaluation and analysis of bidder responses during the bid process and ongoing detailed negotiations post award of the tender to the successful bidder.

  • Advised a client on a project concerning an end to end outsource (with operations across multiple countries in Africa and Europe) of all of its ICT requirements on the basis of an ICT service that is fully commoditised, fully flexible, full utility type model, fully scalable, provided when required, to the extent required and at the service level required at individual business unit level. We advised on and handling all aspects of, the contractual structuring, drafting, negotiation and finalisation of the end to end outsource agreement. This involved a complex agreement for an end-to-end IT outsource arrangement with features that are "first of their kind" in South Africa.

  • Assisted clients with various online and mobile banking services agreements.
  • Cliffe Dekker Hofmeyr is representing Entersekt Proprietary Limited and Entersekt International Limited, the South Africa-based fintech provider. Our client focuses on mobile-based security software protection; mobile banking and e-commerce transactions; and the protection of access to sensitive records and systems in healthcare, insurance, and government. Our fintech team has been leading work for this client in a round of private equity investments in the business by Rand Merchant Investment Holdings and BoE Private Equity Investments.

  • Cliffe Dekker Hofmeyr is representing First World Trader Proprietary Limited, the South Africa-based, award-winning investortech and fintech company.  Our fintech team is the on-going adviser to First World, providing strategic and legal tax, exchange control and financial services regulatory advice.  This work includes advising on issues linked to the Financial Advisory & Intermediary Services Act.  We have also been advising this client on the launch of South Africa's very first US Securities Fractional Trading Platform.  Our work on this latter project encompasses drafting novel legal terms & conditions for investors to repatriate funds and purchase a combination of whole securities and fractions of securities listed on US stock exchanges.  This project also included advice on the nominee structure; offshore custodial and brokerage arrangements; required exchange control approvals from the South African Reserve Bank; tax considerations; and ancillary matters.

  • Cliffe Dekker Hofmeyr is again representing Entersekt Europe Coöperatief U.A. this time in a licensing and services arrangement with Crealogix AG, a fintech top-100 firm and a global market leader in digital banking. Under the terms of the deal, Crealogix customers will benefit from the mobile installation of Entersekt product, Transakt, to verify their digital banking transactions and on-line purchases.

  • Cliffe Dekker Hofmeyr is again representing team repeat client, Entersekt Proprietary Limited and Entersekt International Limited, this time in connection with a private equity investment into Entersekt Proprietary Limited and Entersekt International Limited by Endeavour Catalyst.  Investor, Endeavour Catalyst, is an innovative co-investment vehicle designed to support Endeavor Entrepreneurs with their equity financing rounds.

  • Cliffe Dekker Hofmeyr is representing Capitec Bank Limited, the second-largest retail bank in South Africa. Our fintech team is advising this client in respect of its contractual arrangements with MasterCard concerning two new mobile payment products, QKR! and MasterPass.

  • Cliffe Dekker Hofmeyr is again representing First World Trader Proprietary Limited, this time in the development of South Africa's first do-it-yourself retirement annuity investment platform. The innovative platform allows individuals to manage their retirement annuity on-line, in real time.  Our work on this project included drafting the novel legal agreements determining the terms under which investors select their own underlying Bundles (compliant with Regulation 28 of the Pension Funds Act) and may invest or disinvest at any time, with no switching limitations. 

  • Cliffe Dekker Hofmeyr is representing PayU Payment Solutions Proprietary Limited (PayU), the leading financial services provider in global growth markets. Our fintech team is advising this client in respect of its contractual arrangement relating to PayU Receive, new cashless payment product in Nigeria.

 

Practice Area Rankings

  • Chambers Global 2009-2019 ranks our practice in Band 1: IT & Telecommunications.

Ranked Practitioners

  • Christoff Pienaar is the National Practice Head for the Technology, Media & Telecommunications team. Chambers Global 2018-2019 ranked him in Band 3 for IT & Telecommunications. He was named as the exclusive South African winner of the ILO Client Choice Awards 2017–2018 in the IT and internet category.

  • Chambers Global 2011–2019 ranked Preeta Bhagattjee in Band 1 for IT & Telecommunications. Best Lawyers International 2011–2018 listed her for Outsourcing and in 2018, she was also listed for information technology law.

  • Chambers Global 2017–2019 ranked Simone Dickson as up and coming for IT & telecommunications.