The legal context

Issues regarding the ability of an employer to access messages and files exchanged by its employees using employer-supplied messaging networks or, more generally, devices placed at their disposal, occur quite frequently in the workplace and have given rise to a significant amount of case law.

In principle, and from a French employment

This article was written by Jonathan Jones, an associate at Norton Rose Fulbright South Africa

The Basic Conditions of Employment Act (BCEA) stipulates that an employer must provide new employees with written particulars of employment.  The Electronic Communications and Transactions Act, on the other hand, recognises that data communications, such as email or