Technology

We have extensive experience in advising clients on technology-related transactions to minimise their risks in relation to the development of proprietary solutions and the implementation of information technology (IT) systems.

The technologies involved range from traditional enterprise resource planning solutions to highly bespoke systems and software. This extends to innovative solutions involving new and disruptive technologies (such as artificial intelligence, internet of things and M2M, payment services and mobile wallets, blockchain technology and smart contracts).

Our technology expertise covers software development and systems integration, as well as hosting and indirect distribution models such as reselling and white labelling.

The type of work we have recently been involved in includes advising clients in regard to: online agreements, eCommerce and mCommerce, cloud services, software agreements (including agreements relating to software licensing, ‘software as a service’, maintenance and support, software development and IT consulting services), fintech, M&A transactions, outsourced services, distribution and marketing/remarketer agreements, the development and implementation of, and investment in relation to, new products/technology with third party suppliers, litigation, mobile technology and data centres.

Recent highlight matters include advising or acting for:

• a multinational technology company on the launching of full consumer operations in South Africa, including in relation to liquor, procurement, licence requirements, environmental aspects, product compliance, imports and exports, payments, type approval requirements in terms of South Africa’s telecommunications legislation, general consumer protection law and content law.
• One Thousand and One Voices (Mauritius Ltd) and CrossFin Technology Holdings (Pty) Ltd on the acquisition of 100% of the shares in Sybrin Ltd (Guernsey) and Sybrin Systems (Pty) Ltd – a provider of payments and other software solutions to the financial services, banking and insurance sectors and Government – through a special purpose and 51% black owned vehicle from EOH Mthombo (Pty) Ltd, a subsidiary of EOH Holdings Ltd.
• Ardagh Group S.A on its acquisition of all the ordinary shares of Consol Holdings (Pty) Ltd. We conducted the due diligence on the IT and intellectual property (IP) aspects of Consol’s business, provided IT and IP input into the transaction agreements, and consulted on the IT and IP related material issues identified in the due diligence.
• Digital Realty (NYSE: DLR) (together with Latham & Watkins) on the IT and IP aspects of the purchase by Digital Reality (Pty) Ltd of 55% of the issued share capital in TDE Investments (Pty) Ltd, Africa’s largest carrier-neutral data centre and interconnection services provider.
• a UK technology company providing a B2B cloud-native core banking platform, including banking-as-a-service solutions, in a commercial arrangement with a prominent multi-jurisdictional African insurance and financial services provider.