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Part 2
Chapter I: Interpretation, Objects and Application
This part of the Bill defines critical words and phrases and sets
out the main objects of the Act.
Chapter II: Maximising Benefits and Electronic Policy
The objective is to maximize the benefits the Internet offers by
promoting universal and affordable access by all to its possible
applications, with a view to bridging the digital divide. The Act
requires the development of a national e-Strategy plan by the
Minister, in consultation with members of Cabinet. The national e-Strategy
plan must include detailed plans and programmes to address the
development of a national e-transactions strategy, the promotion of
universal access and e-readiness, SMMEs development, empowerment of
previously disadvantaged persons and communities, human resource
development, contain definable objects and timeframes.
Chapter III: Facilitating Electronic Transactions
This Chapter deals with the removal of legal barriers to
electronic transacting. Part 1 provides for the legal recognition to
data messages and records. Provision is made for the legal
recognition of electronic signatures and "advanced electronic
signatures" as a secure form of electronic signing. Electronic
data will, subject to certain conditions, be permitted to be
retained for statutory record retention purposes; regarded as
"writing" a true copy of an "original" record,
and provision is made for securing proper evidentiary weight of
electronic evidence.
Part 2 deals with the rights and obligations that follow from the
communication of data messages, namely contract formation, the time
and place of sending and receiving data messages, as well as the
time and place where a contract is deemed to have been formed by
means of data messages. The Act also provides for the validity of
sending notices and other expressions of intent through data
messages.
Chapter IV: E-government
This Chapter facilitates electronic filing. It lists the
requirements for the production of electronic documents and the
integrity of information. Provision is made for a Department or
Ministry to accept and transmit documents in the form of electronic
data messages, to issue permits or licences in the form of a data
message or make or receive payment in electronic form.
Chapter V: Cryptography Providers
The Internet presents security challenges which, without an
effective regulatory framework, would pose a threat to the security
of consumers and the State. This Chapter requires the suppliers of
cryptography materials to register in the prescribed manner their
names and addresses, the names of their products and a brief
description thereof maintained by the Department of Communications.
This will allow investigative authorities such as the SAPS, to
identify which organisations provide the encryption technologies,
intercepted by them in terms of our monitoring and interception
laws. This will enable the investigative authorities to approach
these service providers to assist with deciphering the encrypted
messages.
Chapter VI: Authentication Service Providers
Identification and authentication of the parties in cyberspace
remains a challenge and poses threats to consumers and businesses.
The Bill seeks to provide for the establishment of an Accreditation
Authority within the Department, allowing voluntary accreditation of
electronic signature technologies in accordance with minimum
standards. Once accredited, these "advanced" electronic
signatures will allow a party to rely on their authenticity.
Chapter VII: Consumer Protection
Vendors must provide consumers with a minimum set of information,
including the price of the product or service, contact details and
the right to withdraw from an electronic transaction before its
completion. Consumers are also entitled, under certain
circumstances, to a "cooling off" period within which they
may cancel certain types of transactions concluded electronically
without incurring any penalty. Consumers also have the right not to
be bound to unsolicited communications (spam) offering goods or
services. The Bill also seeks to place the responsibility on
businesses trading on-line to make use of sufficiently secure
payment systems.
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