Regulating The Rapidly Developing Space Of Data Protection, IP And AI

African regulators advanced virtual asset oversight in Q2 as stablecoins moved closer to formal financial systems through new regulations and commercial pilots. From Kenya's crypto trader disclosure requirements to Tanzania's first stablecoin sandbox and Nigeria's expanded regulatory incubation programme, the continent is formalising digital currency frameworks. Commercial momentum accelerated with Visa, M-PESA Africa and Onafriq launching DRC stablecoin pilots for cross-border mobile money transactions.

As artificial intelligence systems become embedded in enterprise operations, organisations are discovering that token-based pricing models introduce unprecedented commercial and operational risks.

Modern software solutions rarely operate independently. Behind a single banking platform, SaaS product or mobile application sits a network of third-party integrations, cloud providers and external...

This comprehensive legal briefing covers recent developments across African jurisdictions, including constitutional interpretation in Ghana, AI policy governance in South Africa, competition law threshold changes...

Prediction markets expose an awkward gap in South Africa’s current crypto-regulatory framework. The difficulty is not simply that they involve digital assets.

The recent withdrawal of South Africa’s Draft National Artificial Intelligence (AI) Policy by the Minister of Communications and Digital Technologies, Mr Solly Malatsi...

The recent withdrawal of South Africa’s draft national AI policy by Communications Minister Solly Malatsi has caused understandable embarrassment. Fictitious academic references found their way into a draft official...

The National Treasury published the Draft Capital Flow Management Regulations, 2026 for public comment on Friday, 17 April 2026. The draft regulations represent a fundamental overhaul of South Africa's exchange...

As noted in our recent newsflash, National Treasury has published the draft Capital Flow Management Regulations, 2026 (“Draft Regulations”) for public comment.

ENSafrica's latest legal insights span critical developments across African markets, from Uganda's proposed withholding tax on foreign debt to South Africa's rail reform revolution and the landmark COFI legislation heading to Parliament. These updates examine regulatory shifts, infrastructure financing innovations, and emerging legal frameworks that are reshaping how businesses operate across the continent.

South Africa's 26th Commission for Employment Equity Annual Report reveals a dramatic 48.4% decline in employment equity reporting following legislative amendments, while introducing a new compliance certificate regime that fundamentally alters how employers access state business opportunities. With six constitutional challenges now before the courts and new sectoral numerical targets in force...

Kenya's Finance Act 2026 introduces significant tax reforms that impact venture capital, private equity, and foreign investment. This discussion explores how these changes affect investor confidence...

Gender-based violence persists not just as isolated incidents, but as a systemic crisis enabled by institutional gaps, inadequate policies, and social norms that fail to protect survivors. Njeri Migwi, Founder of Usikimye, shares six years of frontline experience revealing why survivors struggle to leave, why cases rarely reach justice, and what structural changes are needed beyond public outrage.

Working in the oil and gas sector has taught attorney Amore Carstens Petersen that technical excellence is only one part of leadership in a commercially complex, technically demanding, and historically...

Kenya's Finance Act 2026 introduces significant tax reforms that impact investors and businesses operating in the country. This podcast discussion examines the practical implications of these changes, from tax amnesty provisions to REIT incentives, and explores what they mean for Kenya's investment climate. Industry experts analyze how these reforms affect venture capital, private equity, and the broader tax policy landscape over the coming years.

The Competition Commission has released draft amendments to the Small Merger Guidelines, proposing significantly higher thresholds for small merger notifications. These changes aim to capture potentially anti-competitive acquisitions in digital and technology markets where target firms are acquired before generating substantial turnover or assets, but possess significant future growth potential.

South Africa's Revenue Service has issued Binding Private Ruling 430, clarifying its position on trust-to-trust distributions and the section 7(8) attribution rules. The ruling examines whether distributing an interest-free loan claim constitutes a disposition, explores how the causal nexus can be severed when downstream yields are generated by independent foreign companies, and reveals the administrative complexities trustees face when claiming foreign tax rebates for non-resident beneficiaries.

Two European Commission rulings demonstrate that dominant firms face competition law risks not only from pricing and supply practices, but also from misleading statements about competitors' products. These cases raise important questions about whether similar conduct could constitute exclusionary abuse under South African competition law, particularly section 8(1)(c) of the Competition Act.

As artificial intelligence becomes increasingly embedded in South African workplaces, a critical gap has emerged: while the majority of employees are actively using generative AI tools...

South Africa's Employment Services Amendment Bill is set to open for public submissions in September 2026, with a closing date expected in early November. Employers of foreign nationals face potential regulatory changes and should begin preparing their submissions immediately to meet the anticipated deadline.