Definition of Data

"data" means electronic representations of information in any form

Main Focus of Document

Provides for the facilitation and regulation of electronic communications and transactions, and the development of a national e-strategy for the Republic. It also promotes universal access to electronic communications and transactions, human resource development in electronic transactions and the prevention of abuse of information systems; and encourages the use of e-government services.

Target Beneficiaries or Sector

General Public

Key Elements

The Objects of the Act are to: 
 (1) Enable and facilitate electronic communications and transactions in the public interest, and for that purpose to- 
 (a) recognise the importance of the information economy for the economic and social prosperity of the Republic; 
 (b) promote universal access primarily in underserviced areas; 
 (c) promote the understanding and, acceptance of and growth in the number of electronic transactions in the Republic; 
 (d) remove and prevent barriers to electronic communications and transactions in the Republic; 
 (e) promote legal certainty and confidence in respect of electronic communications and transactions; 
 (f) promote technology neutrality in the application of legislation to electronic communications and transactions; 
 (g) promote e-government services and electronic communications and transactions with public and private bodies, institutions and citizens; 
 (h) ensure that electronic transactions in the Republic conform to the highest international standards; 
 (i) encourage investment and innovation in respect of electronic transactions in the Republic; 
 (j) develop a safe, secure and effective environment for the consumer, business and the government to conduct and use electronic transactions; 
 (k) promote the development of electronic transactions services which are responsive to the needs of users and consumers; 
 (l) ensure that, in relation to the provision of electronic transactions services, the special needs of particular communities, areas and the disabled are duly taken into account; 
 (m) ensure compliance with accepted international technical standards in the provision and development of electronic communications and transactions: 
 (n) promote the stability of electronic transactions in the Republic; 
 (o) promote the development of human resources in the electronic transactions environment; 
 (p) promote SMMEs within the electronic transactions environment; 
 (q) ensure efficient use and management of the .za domain name space; and 
 (r) ensure that the national interest of the Republic is not compromised through the use of electronic communications.

National e-strategy 
(1) The Minister must, within 24 months after the promulgation of this Act, develop a three-year national e-strategy for the Republic, which must be submitted to the Cabinet for approval. 
(2) The Cabinet must, on acceptance of the national e-strategy, declare the implementation of the national e-strategy as a national priority. 
(3) The Minister, in developing the national e-strategy as envisaged in subsection (1): 
 (a) must determine all matters involving e-govemment services in consultation with the Minister for the Public Service and Administration; 
 (b) must determine the roles of each person, entity or sector in the implementation of the national e-strategy; 
 (c) must act as the responsible Minister for co-ordinating and monitoring the implementation of the national e-strategy; 
 (d) may make such investigations as he or she may consider necessary; 
 (e) may conduct research into and keep abreast of developments relevant to electronic communications and transactions in the Republic and internationally; 
 (f) must continually survey and evaluate the extent to which the objectives of the national estrategy have been achieved; 
 (g) may liaise, consult and cooperate with public bodies, the private sector or any other person. 
 
SMMEs 
The Minister must, in consultation with the Minister of Trade and Industry, evaluate the adequacy of any existing processes, programmes and infrastructure providing for the utilisation by SMMEs of electronic transactions and, pursuant to such evaluation, may: 
 (a) establish or facilitate the establishment of electronic communication centres for SMMEs; 
 (b) facilitate the development of web sites or web site portals that will enable SMMEs to transact electronically and obtain information about markets, products and technical assistance; and 
 (c) facilitate the provision of such professional and expert assistance and advice to SMMEs on ways to utilise electronic transacting efficiently for their development. 

Electronic transactions policy 
 (1) The Minister must, subject to this Act, formulate electronic transactions policy. 

Writing 
 A requirement in law that a document or information must be in writing is met if the document or information is- 
(a) in the form of a data message; and 
(b) accessible in a manner usable for subsequent reference. 
 
Signature 
(1) Where the signature of a person is required by law and such law does not specify the type of signature, that requirement in relation to a data message is met only if an advanced electronic signature is used. 
(2) Subject to subsection (1), an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form. 
(3) Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature to be used, that requirement is met in relation to a data message if- 
 (a) a method is used to identify the person and to indicate the person's approval of the information communicated; and 
 (b) having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purposes for which the information was communicated. 
 (4) Where an advanced electronic signature has been used, such signature is regarded as being a valid electronic signature and to have been applied properly, unless the contrary is proved. 
 
Acceptance of electronic filing and issuing of documents 
Any public body that, pursuant to any law-  
(a) accepts the filing of documents, or requires that documents be created or retained; 
(b) 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 such documents in the form of data messages; 
(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. 

Register of cryptography providers 
(1) The Director-General must establish and maintain a register of cryptography providers. 
(2) The Director-General must record the following particulars in respect of a cryptography provider in that register: 
 (a) The name and address of the cryptography provider; 
 (b) a description of the type of cryptography service or cryptography product being provided; and 
 (c) such other particulars as may be prescribed to identify and locate the cryptography provider or its products or services adequately. 
 (3) A cryptography provider is not required to disclose confidential information or trade secrets in respect of its cryptography products or services.

Policy/Regulation Mirrors

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