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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Electronic Communications and Transactions Act, No. 25 of 2002

Long title


To provide for the facilitation and regulation of electronic communications and transactions; to provide for the development of a national e-strategy for the Republic; to promote universal access to electronic communications and transactions and the use of electronic transactions by SMMEs; to provide for human resource development in electronic transactions; to prevent abuse of information systems; to encourage the use of e-government services; and to provide for matters connected therewith.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS

CHAPTER I. INTERPRETATION, OBJECTS AND APPLICATION
1. Definitions
2. Objects of Act
3. Interpretation
4. Sphere of application

CHAPTER II. MAXIMISING BENEFITS AND POLICY FRAMEWORK

Part 1. National e-strategy
5. National e-strategy
6. Universal access
7. Previously disadvantaged persons and communities
8. Development of human resources
9. SMMEs

Part 2. Electronic transactions policy
10. Electronic transactions policy

CHAPTER III. FACILITATING ELECTRONIC TRANSACTIONS

Part 1. Legal requirements for data messages
11. Legal recognition of data messages
12. Writing
13. Signature
14. Original
15. Admissibility and evidential weight of data messages
16. Retention
17. Production of document or information
18. Notarisation, acknowledgement and certification
19. Other requirements
20. Automated transactions

Part 2. Communication of data messages
21. Variation by agreement between parties
22. Formation and validity of agreements
23. Time and place of communications, dispatch and receipt
24. Expression of intent or other statement
25. Attribution of data messages to originator
26. Acknowledgement of receipt of data message

CHAPTER IV. E-GOVERNMENT SERVICES
27. Acceptance of electronic filing and issuing of documents
28. Requirements may be specified

CHAPTER V. CRYPTOGRAPHY PROVIDERS
29. Register of cryptography providers
30. Registration with Department
31. Restrictions on disclosure of information
32. Application of Chapter and offences

CHAPTER VI. AUTHENTICATION SERVICE PROVIDERS

Part 1. Accreditation Authority
33. Definition
34. Appointment of Accreditation Authority and other officers
35. Accreditation to be voluntary
36. Powers and duties of Accreditation Authority

Part 2. Accreditation
37. Accreditation of authentication products and services
38. Criteria for accreditation
39.. Revocation or termination of accreditation
40. Accreditation of foreign products and services
41. Accreditation regulations

CHAPTER VII. CONSUMER PROTECTION
42. Scope of application
43. Information to be provided
44. Cooling-off period
45. [...repealed by Act 2013_004_000_20131126 Sch - was entitled "Unsolicited goods, services or communications"]
46. Performance
47. Applicability of foreign law
48. Non-exclusion
49. Complaints to Commission [...was entitled "Complaints to Consumer Affairs Committee"]

CHAPTER VIII. PROTECTION OF PERSONAL INFORMATION
50. [...repealed by Act 2013_004_000_20131126 Sch - was entitled "Scope of protection of personal information"]
51. [...repealed by Act 2013_004_000_20131126 Sch - was entitled "Principles for electronically collecting personal information"]

CHAPTER IX. PROTECTION OF CRITICAL DATABASES
52 Scope of critical database protection
53. Identification of critical data and critical databases
54. Registration of critical databases
55. Management of critical databases
56. Restrictions on disclosure of information
57. Right of inspection
58. Non-compliance with Chapter

CHAPTER X. DOMAIN NAME AUTHORITY AND ADMINISTRATION

Part I. Establishment and incorporation of.za domain name authority
59. Establishment of Authority
60. Incorporation of Authority
61. Authority's memorandum and articles of association

Part 2. Governance and staffing of Authority
62. Board of directors of Authority
63. Staff of Authority

Part 3. Functions of Authority
64. Licensing of registrars and registries
65. Functions of Authority

Part 4. Finances and reporting
66. Finances of Authority
67. Reports

Part 5. Regulations
68. Regulations regarding Authority

Part 6. Alternative dispute resolution
69. Alternative dispute resolution

CHAPTER XI. LIMITATION OF LIABILITY OF SERVICE PROVIDERS
70. Definition
71. Recognition of representative body
72. Conditions for eligibility
73. Mere conduit
74. Caching
75. Hosting
76. Information location tools
77. Take-down notification
78. No general obligation to monitor
79. Savings

CHAPTER XII. CYBER INSPECTORS
80. Appointment of cyber inspectors
81. Powers of cyber inspectors
82. Power to inspect, search and seize
83. Obtaining warrant
84. Preservation of confidentiality

CHAPTER XIII. CYBER CRIME
85. Definition
86. Unauthorised access to, interception of or interference with data
87. Computer-related extortion, fraud and forgery
88. Attempt, and aiding and abetting
89. Penalties

CHAPTER XIV. GENERAL PROVISIONS
90. Jurisdiction of courts
91. Saving of common law
92. Repeal of Act 57 of 1983
93. Limitation of liability
94. Regulations
95. Short title and commencement
Sch1. SCHEDULE 1
Sch2. SCHEDULE 2

Legislation Text Access Point

Versions
[To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.]
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As amended by Act 2013_004_000_20131126 N/A REQ.INFO LINK

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