The need for systematic integration of legal considerations in communications technology (CT) management in contemporary organisations

摘要

CT management is primarily seen as a technical and logistic issue. After the technical and logistical dimension, the accountancy/managerial dimension usually comes next. However, the legal context of CT is extremely important. Because of the focus on the other factors, legal considerations are often considered on an ex post facto basis. Often law is perceived to be a reactionary force, and one which need not be considered at an early stage of organisational enterprise. The Microsoft antitrust experience revealed that despite its resources, the company was vulnerable to attack for having transgressed very basic rules. Its CT management contributed towards the evidence against it. Indeed, a lack of sophisticated input into the CT management operations may even be the very cause of antitrust breach. When one considers that a company which is found to be in breach of antitrust provisions in the European Union (EU) may be fined up to ten per cent of its gross turnover per annum, considered on a world-wide basis, one can appreciate the benefits of getting it right This is so irrespective of where the breach occurred, under the notion of 'extra-territoriality' as developed by the European Court of Justice (ECJ).