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repealed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)] |