AI & Technology Law

Practical legal advice for businesses that build, buy or use artificial intelligence.

Artificial intelligence is now part of everyday business, from customer service chatbots to recruitment tools and AI-assisted coding. South Africa does not yet have AI-specific legislation, but existing laws already apply to how AI is used, including POPIA, the Copyright Act, the Consumer Protection Act and employment law. We help businesses use AI with confidence while managing the legal risk.

Where we assist

  • AI use policies: clear rules for staff on which tools may be used, for what, and with which information.
  • Data protection: POPIA compliance when personal information is fed into, or produced by, AI systems.
  • Supplier contracts: reviewing and negotiating terms with AI and software vendors.
  • Intellectual property: ownership of AI-generated content and code, and protecting your own data and know-how.
  • Customer-facing AI: terms, disclaimers and disclosures for products and services that use AI.
  • Governance: board oversight, risk registers and responsible AI frameworks.

Automated decisions and POPIA

Section 71 of POPIA generally prevents decisions with legal consequences, or that substantially affect a person, from being based solely on automated processing that profiles that person. There are exceptions, but they come with safeguards, such as giving the person a chance to make representations.

Who owns AI-generated work?

The Copyright Act provides that the author of a computer-generated work is the person who made the arrangements necessary for its creation. Ownership can still be affected by the AI tool’s terms of use, your employment contracts and any third-party material in the output, so it should be checked rather than assumed.

Who we help

We advise:

  • Businesses rolling out tools such as ChatGPT, Copilot or Gemini to staff.
  • Startups and tech companies building AI products.
  • Employers using AI in recruitment, performance management or monitoring.
  • Financial services and fintech businesses using automated decision-making.
  • Companies buying AI-enabled software from local or offshore suppliers.
  • South African businesses selling AI-enabled products into the EU and other regulated markets.

How we work with you

A practical, risk-based approach.

  1. Understand your use of AI
    We map which AI tools you use or build, what information goes into them and what decisions they influence.
  2. Identify the legal risks
    We assess the data protection, IP, contractual, consumer and employment risks that apply to your use cases.
  3. Put the right documents in place
    We draft or update AI use policies, privacy notices, customer terms and supplier contracts.
  4. Train and govern
    We help boards and management set up oversight, and brief staff on safe and lawful use.
  5. Keep you up to date
    AI regulation is developing quickly in South Africa and abroad. We help you adapt as the rules change.

AI regulation is developing fast. The EU AI Act already applies to some businesses outside Europe that offer AI systems into the EU, and South Africa has been developing a national AI policy. Getting the basics right now makes future compliance much easier.

GET IN TOUCH

What to prepare

Helpful information for a first meeting.

  • A list of the AI tools your business uses or plans to use.
  • Any existing IT, data protection or acceptable-use policies.
  • Contracts or terms of use with AI and software suppliers.
  • A description of any AI-enabled product or service you offer.
  • Details of any personal information processed using AI.

Common Questions

Not a dedicated AI statute yet. Existing laws such as POPIA, the Copyright Act, the Consumer Protection Act, the Electronic Communications and Transactions Act and employment legislation already apply to the use of AI.
Only with care. Entering personal or confidential information into a public AI tool may breach POPIA, confidentiality obligations or client contracts, depending on the tool’s settings and terms. A clear AI use policy is the best protection.
Yes, but the employer remains responsible for the outcome. Biased results can amount to unfair discrimination under the Employment Equity Act, and decisions based solely on automated processing raise POPIA issues.
Usually the business that offered the service, not the AI. Your customer terms, disclaimers and supplier contracts determine how that risk is managed and shared.
There is no general rule requiring it yet, but transparency obligations under POPIA and fair-dealing principles under the Consumer Protection Act often make disclosure the safer course.

USING OR BUILDING AI?

We help businesses adopt AI safely, protect their data and IP, and stay ahead of developing regulation.

Read more: Using AI in your business: the legal risks · Integrating AI: legal risks and safeguards · POPIA compliance

REQUEST A CALL BACK
Facebook Instagram X-twitter Linkedin Tiktok Youtube

This page is general information and not legal advice.

Get in touch

Please complete the following form to get in touch with us.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.