A selection of Robby’s key client experience is set out below:

*  Indicates experience gained prior to joining Bowmans.

Technology Procurement

Robby’s expertise extends to the full range of technology-related projects,  products, infrastructure, services and licensing arrangements.

Most recently, as inhouse counsel, responsible for supporting strategic technology procurement arrangements throughout Africa, this experience included:

• negotiation of multi-jurisdictional cloud services agreements and deployments, including agreements with various Hyperscalers;
• negotiation of Group wide SaaS arrangements, and software licensing and maintenance agreements with major international licensors; and
• negotiation of Group wide agreements for procurement of telecommunications and IT network equipment and agreements with Original Equipment Manufacturers.

In his role as outside counsel, an indicative list of Robby’s experience includes advising:

• A major private hospital group on a full outsourcing of all of its IT services to one of the largest technology service providers in South Africa, including all infrastructure and applications. *
• A leading gaming and betting company on technology management and services franchising arrangements, including the preparation of technology licensing, technology services and data processing agreements. *
• One of the largest mining companies in the world with numerous subsidiaries, joint ventures and operations, on various group-wide material technology related agreements on a retainer basis. *
• A multinational telecommunications operator on the negotiation of group and enterprise-wide agreements for the procurement of payment and financial management systems in over 15 countries;
• A state-owned entity on the merits of disputes with a leading technology services provider on the implementation of an Oracle JD Edwards Enterprise Resource Planning (ERP) system and the broader technology project and implementation. *
• A leading international technology company on the establishment of data centres in South Africa.*
• An international supplier and reseller of cloud services and data centre facilities on its arrangements with suppliers, resellers and customers. *
• One of the world’s leading and major providers of travel, airline and airport technology management systems and services, on a very complex transaction involving the outsourcing of the development, maintenance and operation of its systems, services and activities to entities in South Africa. *
• A major private hospital group on the licensing, development and implementation of a new Enterprise Resource Planning (ERP) system, including decommissioning of current and legacy software systems.*
• A major British technology company on standards and best practices in technology contracts in South Africa; ownership and regulation of intellectual property issues; liability and risk issues; enforcement of contracts and so forth.*
• A major producer of industrial minerals on all agreements and transactions relating to its procurement of information technology and telecommunications services and the licensing and implementation of Enterprise Resource Planning software and systems.*
• A major and leading private television broadcaster on the restructuring of all of its South African operations, including considering contracts ranging from satellite services agreements, decoder supply agreements, information technology services agreements, installer agreements, agency agreements, technology licences, telecommunications agreements and so forth.*
• A major dairy and dairy products company on a second generation Information technology (ITO) infrastructure services outsourcing agreement.*
• A major casino and resorts group in Southern Africa on the outsourcing of services relating to the support and maintenance of its key infrastructure and applications and its group-wide casino management systems. *

Digital Services and Platforms

Robby has comprehensive experience advising on digital products, offerings, services and initiatives, extending to the full range of digital activities such as online marketplaces, e-commerce and e-business, devices, streaming, video, music, gaming and advertising. 

Most recently, as inhouse counsel, responsible for overseeing digital operations throughout Africa, this experience includes:

• The end-to-end legal work and advice related to the development, establishment and multi-jurisdictional roll out of new business initiatives and product areas, including (i) a digital ’Super App’; (ii) a music streaming service; (iii) an advertising platform; and (iii) an API marketplace, including (among others) regulatory analysis, establishment of subsidiaries, inter-company agreements, branding issues, drafting and negotiation of contracts  for development, licensing and acquisition of technology, distribution agreements, partnership agreements, content licensing and distribution agreements, Terms of Service, Privacy Policies, Promotional Terms and Conditions, and all day-to day agreements;
• Negotiating and drafting agreements relating to the development, manufacture and distribution of mobile devices and other equipment, including agreements with Original Device Manufacturers, operating system licensors, application licensors and all other elements of these devices;
• Negotiating and drafting strategic partnership, licensing, and distribution agreements, including agreements for advertising platforms, video platforms, music platforms, and gaming platforms; and
• Development of standard templates to be used by operations throughout the continent.

Data, Data Protection, and Privacy

Advising on all aspects and legal issues related to data, data protection, and privacy. This includes:

• Development and implementation of data protection and privacy programmes;
• regulatory assessments;
• privacy impact assessments;
• privacy policies
• binding corporate rules;
• drafting and negotiation of the full range of agreements, including data processing agreements, and data sharing and data monetization arrangements;
• advising on the use and development of technologies involving processing of data, including artificial intelligence;
• advising on strategic initiatives relating to the exploitation or commercialization of data.

Intellectual Property

Robby’s extensive experience advising on intellectual property is wide-ranging, including:

• advising on trade marks, patents, designs, and copyright;
• managing and negotiating commercial transactions involving IP (including development agreements, licensing agreements, assignment agreements, co-existence agreements, and intercompany IP agreements);
• strategic organization and implementation of IP holding structures, including compliance with exchange control regulations and transfer pricing considerations; and
• attending to IP disputes, enforcement of IP rights, and threatened infringement actions.

Most recently, as inhouse counsel, Robby managed the full worldwide IP portfolio of the entire MTN group of companies.

Fintech and financial services

Most recently, as in-house counsel, responsible for managing legal affairs across 16 countries related to mobile money and mobile financial products, offerings, services and initiatives as well as BankTech and InsureTech, Robby’s experience includes:

• Providing strategic legal advice on all new product and service offerings and initiatives, including payments, lending, savings, remittance, and e-commerce;
• Drafting and negotiation of agreements for the development, licensing and support of the underlying platforms (including the core mobile wallet platforms and apps) and technology products and services on which the Fintech business operates;
• Advising, drafting and negotiation of strategic partnerships, collaborations, POCs, and Pilot Agreements;
• Dealing with regulatory issues such as AML, KYC, ABC, sanctions, exchange control, export and trade control;
• Drafting and negotiation of agreements with merchants, lending product providers, savings product providers, remittance partners (including hub remittance partners), payment service providers, credit card companies etc;
• Development of standard customer and product terms and conditions and developing standardized templates to be used across all jurisdictions;
• Managing and implementing complex strategic projects relating to the structuring, establishment and re-organization of various fintech operations and new subsidiaries (including, for example, new operations in Africa and Europe), including a consideration of regulatory issues, and all associated transactional work and intercompany arrangements

In his role as outside counsel, an indicative list of Robby’s experience includes advising:

• A mobile cellular network and telecommunications service provider on a ground-breaking joint venture with a major bank for the establishment of the first “mobile money” or “mobile banking” business in South Africa. This included advising on all regulatory issues, drafting and negotiation of all technology licensing and services agreements, agreements with payment system providers and integrators, source code escrow arrangements, and intellectual property licensing and branding agreements.*
• One of the world’s leading mobile and electronic money transfer companies, in particular in relation to money transfers from Europe to Africa and within Africa. Advice related to the restructuring of its corporate structure and all of its arrangements relating to the ownership and licensing of its software and systems.  It also extended to the preparation of various software and intellectual property assignment agreements; preparation of software licensing and sub-licensing agreements; and the provision of other regulatory advice. The advice extended to agreements with various parties throughout the world.*
• A major bank on the development, supply and support of mobile payment devices and systems, and interface with banking systems. The advice included the preparation, negotiation and drafting of agreements with the vendor. Agreements included supply agreements, implementation agreements and support agreements.  to advising on. The advice included various regulatory issues, including various telecommunications and IT law issues, various certification requirements, including EMVCo, VISA and Mastercard, ICASA, and PCI certifications. There was additional complexity associated with the development and integration of third-party systems with the various banking and payment systems in South Africa.*
• MTN Group and Naspers Group on the establishment of the online share trading platforms related to their respective black economic empowerment share schemes.*
• Major banks on the agreements and regulatory issues related to the procurement and the implementation, maintenance and support of authentication products and systems related to their electronic banking environments, including the use of encryption, and digital certificate products. This extended to considerations relating to the replacement of the banks’ existing authentication products and systems and the implementation of a new environment. The advice included regulatory issues, security considerations and drafting relevant agreements (including Certification Practice Statements, Certificate Policies and agreements with customers).*