Digital, AI and technology law
Businesses are adopting AI faster than their legal controls are developing.
We help South African businesses think through the legal risks created by AI, data, digital systems and technology contracts—without treating technology as a separate world from ordinary business law.
AI creates new questions, but many of the legal obligations already exist.
When employees upload information to an AI tool, when software makes or influences decisions, when a business relies on AI-generated content, or when a vendor processes company data, existing principles of privacy, confidentiality, intellectual property, employment, contract and professional responsibility may all become relevant.
We are developing support around
- AI governance and internal AI-use policies
- POPIA and data-governance questions
- Employee use of generative AI
- AI and technology vendor agreements
- Confidentiality and information-security obligations
- Intellectual-property issues in AI-generated material
- Human review and accountability procedures
- Technology-related disputes
Designed for practical business use
This practice is aimed particularly at SMEs and professional businesses that are already using AI but do not have an internal legal, privacy or technology-governance team.
The goal is sensible governance: identifying where the real risk sits, putting proportionate controls in place, and allowing the business to use technology productively.
Our AI and digital-law capability is being developed as part of Henk Scheepers Inc’s broader commercial practice, with Cape Town taking point on the firm’s emerging technology-law offering and Vanderbijlpark remaining part of the firm-wide service capability.
AI and technology law: practical questions
Does a business need an AI policy if staff are already using ChatGPT or similar tools?
If staff use generative AI for work, it is sensible to define what information may be entered, what outputs require human verification, who approves higher-risk uses and what happens if a problem occurs. Our AI Governance Review is designed for that purpose.
Can AI use create POPIA or confidentiality risk?
Potentially, depending on the data entered, the tool’s terms, how information is processed and how the output is used. Businesses should consider privacy, confidentiality, contractual and employment obligations together. See our POPIA, Privacy and Cyber Risk service.
Can you review AI and technology vendor agreements?
Yes, where the agreement falls within our commercial practice. The review can focus on data use, confidentiality, intellectual property, liability, service levels, termination and other commercial risks.
Start here
Tell us how technology is creating legal risk for your business.
We use the information below to route the enquiry to the right legal issue—AI, contracts, privacy, employment, IP or a combination.
Submitting this form does not by itself create an attorney-client relationship. We will first review the enquiry, complete any required conflict checks and contact you about the appropriate next step.
