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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024 Course Legal Aspects of Electronic Commerce (LML4810)R46,65
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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
Question 1 Read the following quote from Papadopoulos and answer the question below: “Unsolicited junk mail and the collection of personal information for direct marketing is not unique to online consume...
LML4810
OCTOBER NOVEMBER PORTFOLIO
(COMPLETE ANSWERS) Semester 2 2024
- DUE 1 November 2024
, LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1
November 2024
Question 1 Read the following quote from Papadopoulos and answer the question below: “Unsolicited
junk mail and the collection of personal information for direct marketing is not unique to online
consumers, but the sheer magnitude, invasiveness and variety of these practices brought about by the
advent of computers and the internet, as well as the risks or negative consequences associated with the
digital environment, have solicited worldwide consumer and data protection responses”… (Sylvia
Papadopoulus ‘Are we about to cure the scourge of spam? A commentary on current and proposed
South African legislative intervention’ 2012 (75) THRHR at 224). Discuss this comment by Papadopoulos
by providing an exposition of the current legal landscape in South African law regarding ‘unsolicited
commercial communications’. Your discussion should include the legislative developments in South
African since 2012, and importantly if in your opinion the current South African position is in line with
Article 28 of the Protocol to the Agreement Establish the African Continental Free Trade Area on Digital
Trade 18 February 2024? [25 marks] Question 2 In the article “A “Sign” of the Times: A Brief
Consideration of the Validity of E-Signatures in Agreements and Affidavits in South African Law” 2024
OBITER at 39, Singh makes the following statement: “Signatures have become an integral part of daily
life and are well established in commercial and legal practice. A signature serves to consent to or
confirm an agreement or legal document and is thus a vital feature in finalising a transaction.
Technology, such as e-signatures, is increasingly being used in modern-day activities. The traditional
wet-ink signature differs significantly in form and application from an electronic signature. Therefore, it
is paramount that the laws relating to e-signatures be clear to ensure confidence and consistency with
their use.
QUESTION 1
Sylvia Papadopoulos writes about the world -- "spam" is a term used by spammers and cyber-criminals
alike to describe unsolicited commercial communications (often known as spam throughout digital
realms) that are imposed upon us, pushing harder into our personal lives every day. The quote captures
the proliferation of spam and regulatory responses to protect consumers from both kinds. As foregoing,
the South African legal framework has made considerable strides in confronting these challenges
regarding digital trade and consumer protection standard to that of globally although questions remain
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