Artificial Intelligence (AI) Advisory
Artificial intelligence can save your business time and money — but used carelessly it creates real legal exposure: privacy breaches, unenforceable contracts, unfair labour practices and fraud. Van Dyk · Theron advises businesses on adopting AI lawfully and safely under South African law, so you get the benefit without the liability.
What We Advise On
POPIA & Automated Decisions
Section 71 of POPIA restricts decisions made solely by automated means. We assess your AI tools against privacy law and Information Regulator guidance.
AI Contracts & Procurement
Reviewing and negotiating AI vendor agreements: liability, data use, service levels, and what happens when the tool gets it wrong.
Intellectual Property & AI Output
Who owns AI-generated content, code and designs? Copyright protection of AI output is uncertain — we structure contracts to fill the gap.
AI in the Workplace
Employee monitoring, automated screening and algorithmic discipline carry labour-law and privacy risk. We help you deploy them fairly and lawfully.
AI Governance Policies
Board-approved policies covering which tools staff may use, what data may be entered, human review, and record-keeping.
Deepfakes & AI Fraud
Voice cloning and fake payment instructions are now common fraud vectors. We help you put verification procedures and contractual protections in place.
AI & Client Confidentiality
Guidance on when client or customer data may lawfully be processed by AI tools, and which safeguards are required.
Disputes Involving AI
Advice and representation where AI use causes loss — from defective automated decisions to misuse of your data or content.
Why AI Needs Legal Attention Now
South Africa has no single AI statute yet, but existing law already applies: POPIA governs personal information processed by AI, the Consumer Protection Act governs automated marketing and sales, labour law governs automated decisions about employees, and contract law governs every AI tool you buy. Businesses that adopt AI without legal guardrails are often the first to face disputes, regulator complaints or fraud losses.
Our Approach
Technology-Neutral Advice
We focus on what the law requires of your specific use of AI, not on hype — practical rules your team can actually follow.
Risk Before Rollout
A short legal review before you deploy an AI tool is far cheaper than a privacy complaint, a CCMA case or a fraud loss afterwards.
Contracts That Protect You
We ensure your AI vendor and client contracts allocate risk, liability and ownership clearly — before anything goes wrong.
Have a Question About Artificial Intelligence (AI) Advisory?
Contact Van Dyk · Theron for a confidential, no-obligation discussion.
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