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South Africa |  National Policy on Data and Cloud

South Africa’s new National Policy on Data and the Cloud is a significant step towards digital transformation. It emphasises the need for infrastructure development, regulatory frameworks, and skills enhancement to support a burgeoning digital economy. The policy outlines strategies for accelerating broadband connectivity, promoting cloud-first approaches for government services, and ensuring data security. Moreover, it aims to create a digital trust environment essential for fostering innovation and economic growth.

 

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We tackle the most challenging areas of law governing health research, from developing a DTA template for South Africa to writing on-point academic articles. We aim to provide legal clarity on the laws governing health research on the African continent.

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TitleJournalYearLinkKey words
Collective Property Rights in Human Biological Materials in KenyaJournal of Conflict Management & Sustainable Development2022Readscience and the law, property rights, human biological material
How to interpret core concepts in POPIA. Recommendations on the draft Code of Conduct for ResearchSouth African Journal of Science2023Readconsent, data protection, de-identification
Artificial intelligence in healthcare: Proposals for policy development in South AfricaSouth African Journal of Bioethics and Law2022ReadAI, science and the law
Toward an open access genomics database of South Africans: ethical considerationsFrontiers in Genetics2023Readscience and the law
First do no harm: legal principles regulating the future of artificial intelligence in health care in South AfricaPotchefstroom Electronic Law Journal 2022ReadAI, science and the law
“Privacy by Design” in the EU General Data Protection Regulation: A new privacy standard or the emperor’s new clothes?South African Law Journal2022Readdata protection, science and the law
Altering the human genome: mapping the genome editing regulatory system in South AfricaPotchefstroom Electronise Reg2021Readscience and the law
Human genome editing: how to prevent rogue actorsBMC Medical Ethics2020Readscience and the law
The lawful sharing of health research dataInformation & Communication Technology Law2021Readscience and the law, data protection
The multidimensional legal nature of personal genomic sequence data: a South African perspectiveFrontiers Genetics2022Readintellectual property, science and the law
Decoding the EU Artificial Intelligence ActAmerican Society and International Law Insights2021ReadAI, science and the law
Software as Medical Devices (SaMDs): Critical rights issues regarding AI software-based health technologies in South Africa Journal of South African Law / Tydskrif vir SuidAfrikaanse Reg2020ReadAI, science and the law
Biotech innovation in South Africa: Twenty years in reviewBiotechnology Law Report2016Readintellectual property, science and the law
Patenting decisions by South African biotechnology entrepreneursBiotechnology Law Report2016Readintellectual property, science and the law
Stem cell research, morality, and law: an analysis of Brüstle v Greenpeace from a South African perspectiveSouth African Journal of Human Rights2017Readintellectual property, science and the law
CRISPR: Challenges to South African biotechnology lawSouth African Journal of Bioethics and Law2018Readscience and the law
An optimistic vision for biosciences in South Africa: A response to the ASSAf report on human genetics and genomicsSouth African Journal of Science2019Readscience and the law
Navigating uncharted waters: biobanks and informational privacy in South AfricaSouth African Journal of Human Rights2019Readdata protection, science and the law
Genomic research and privacy: A response to Staunton et al.South African Medical Journal2020Readdata protection, science and the law
Informed consent in medical malpractice suits: An analysis of Beukes v SmithSouth African Law Journal2020Readinformed consent
COVID-19 and quarantine orders: A practical approachSouth African Medical Journal2020Readpandemic preparedness, science and the law
South Africa’s new standard material transfer agreement: proposals for improvement and pointers for implementationBMC Medical Ethics2020Readdata protection, human biological material, science and the law
One material transfer agreement to rule them all? A call for revising South Africa’s new standard material transfer agreement.Humanities and Social Sciences Communications2021Readdata protection, human biological material, science and the law
Protecting personal information in research: Is a code of conduct the solution?South African Journal of Science2021Readdata protection, human biological material, science and the law
Time for Cinderella to go to the ball: Reflections on the right to freedom of scientific researchSouth African Law Journal2021Readscience and the law
Why POPIA does not apply to DNASouth African Journal of Science2021Readdata protection, human biological material, science and the law
Exempting Health Research from the Consent Provisions of POPIAPotchefstroom Electronic Law Journal2021Readdata protection, science and the law
AI inventorship: The right decision?South African Journal of Science2021ReadAI, intellectual property, science and the law
The legal status of human biological material used for researchSouth African Law Journal2021Readhuman biological material, science and the law
Public health emergency preparedness and response in South Africa: A review of recommendations for legal reform relating to data and biological sample sharing. South African Journal of Bioethics and Law2021Readdata protection, human biological material, pandemic preparedness, science and the law
Why research institutions should indemnify researchers against POPIA civil liabilitySouth African Journal of Science2022Readdata protection, science and the law
Research and the meaning of ‘public interest’ in POPIASouth African Journal of Science2022Readdata protection, science and the law
Clearing the CRISPR patent landscape: Towards a solution for South AfricaSouth African Law Journal2022Readintellectual property, science and the law