Electronic Communications and Transactions Act - South Africa ...

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34 No. 23708 GOVERNMENT GAZETTE, 22002AUGUSTAct No. 25,2002ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT, 2002(0) issues any permit, licence or approval; or(c) provides for a manner of payment,may, notwithstanding anything to the contrary in such law-(i) accept the filing of such documents, or the creation or retention of suchdocuments in the of data form messages; 5(ii) issue such permit, licence or approval in the form of a data message; or(iii) make or receive payment in electronic form or by electronic means.Requirements may be specified28. (1) In any case where a public body performs any of the functions referred to insection 27, such body may specify by notice in the Gazette- 10(ai the manner and format in which the data messages must be filed, created,retained or issued;(h) in cases where the data message has to be signed, the type of electronicsignature required;(c) the manner and format in which such electronic signature must be attached to. 15incorporated in or otherwise associated with the data message;(d) the identity of or criteria that must be met by any authentication serviceprovider used by the person filing the data message or that such authenticationservice provider must be a preferred authentication service provider;(e) the appropriate control processes and procedures to ensure adequate integrity, 20security and confidentiality of data messages or payments; and(S, any other requirements for data messages or payments.(2) For the purposes of subsection (I)(d) the South African Post Office Limited is apreferred authentication service provider and the Minister may designate any otherauthentication service provider as a preferred authentication service provider based on 25such authentication service provider's obligations in respect of the provision ofuniversal access.CHAPTER VCRYPTOGRAPHY PROVIDERSRegister of cryptography providers 3029. (1) The Director-General must establish and maintain a register of cryptographyproviders.(2) The Director-General must record the following particulars in respect of acryptography provider in that register:(a) The name and address of the cryptography provider; 35(0) a description of the type of cryptography service or cryptography productbeing provided; andic) such orher particulars as may be prescribed to identify and locate thecryptography provider or its products or services adequately.(3) A cryptography provider is not required to disclose confidential information or 40trade secrets in respect of its cryptography products or services.Registration with Department30. (1) No person may provide cryptography services or cryptography products in theRepublic until the particulars referred to in section 29 in respect of that person have beenrecorded in the register contemplated in section 29. 45(2) A cryptography provider must in the prescribed manner furnish the Director-General with the information required and pay the prescribed administrative fee.(3) A cryptography service or cryptography product is regarded as being provided inthe Republic if it is provided-
36 No. 23708 GOVERNMENT GAZETTE. 2 AUGUST 2002-~~~~~~~~.Ict So. 25. 2002ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT. 2002(a) from premises in the Republic;(0) to a person who is present in the Republic when that person makes use of theservice or product: or(ci to a person who uses the service or product for the purposes of a businesscarried on in the Republic or from premises in the Republic. 5Restrictions on disclosure of information31. ( I) Information contained in the register provided for in section 29 must not bedisclosed to any person other than to employees of the Department who are responsiblefor the keeping of the register.(3) Subsection (1) does not apply in respect of information which is disclosed- 10(a) to a relevant authority which investigates a criminal offence or for thepurposes of any criminal proceedings;(0) to government agencies responsible for safety and security in the Republic,pursuant to an official request:(c) to a cyber inspector: 15((1) pursuant to section 11 or 30 of the Promotion of Access to Information Act.(Act No. 2 of 2000): or(e) for the purposes of any civil proceedings which relate to the provision ofcryptography services or cryptography products and to which a cryptographyprovider is a party. 20Application of Chapter and offences32. ( I) The provisions of this Chapter do not apply to the National IntelligenceAgent!. established in terms of section 3 of the Intelligence Services Act. 1994 (Act No.38 of 1994).(3) A person uho contravenes or fails to comply with a provision of this Chapter is 35guilty of an offence and liable on conviction to a fine or to imprisonment for a period notexceeding two years.DefinitionCHAPTER VIAUTHENTICATION SERVICE PROVIDERSPart 1 30Accreditation Authority33. In this Chapter. unless the context indicates otherwise-"accreditation" means recognition of an authentication product or service by theAccreditation Authority. 35Appointment of kcreditation Authority and other officers31. ( I ) For the purposes of this Chapter the Director-General must act as theAccreditation Authority.(2) The Accreditation Authority. after consultation with the Minister. may appointemployees of the Department as Deputy Accreditation Authorities and officers. 40Accreditation to he voluntary35. Subject to section 30. a person may, without the prior authority of any otherperson. sell or provide authentication products or services in the Republic.Powers and duties of Accreditation Authority36. ( 1 ) The Accreditation Authority may- 4.5
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