| 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repealed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. |
... [... deleted by Act 2020_019_058_20210601 Sch - as entitled "Definition"] |
| 86. |
... [... deleted by Act 2020_019_058_20210601 Sch - as entitled "Unauthorised
access to, interception of or interference with data"] |
| 87. |
... [... deleted by Act 2020_019_058_20210601 Sch - as entitled "Computer-related
extortion, fraud and forgery"] |
| 88. |
... [... deleted by Act 2020_019_058_20210601 Sch - as entitled " 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 [s4(3)] |
| Sch2. |
SCHEDULE
2 [s4(4)] |