(a) that such data can be accessed only by relevant persons;
(b) the authenticity of the data;
(c) the integrity of the data; or
(d) that the source of the data can be correctly ascertained;

(a) that such data or data message can be accessed or can be put into an intelligible form only by certain persons;
(b) that the authenticity or integrity of such data or data message is capable of being ascertained;
(c) the integrity of the data or data message; or
(d) that the source of the data or data message can be correctly ascertained;

(a) voice, where the voice is used in an automated transaction; and
(b) a stored record;

(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the individual;
(b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;
(c) any identifying number, symbol, or other particular assigned to the individual;
(d) the address, fingerprints or blood type of the individual;
(e) the personal opinions, views or preferences of the individual, except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual;
(f) correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the individual;
(h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual, but excluding the name of the other individual where it appears with the views or opinions of the other individual; and
(i) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual,

(a) a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
(b) a partnership which carries or has carried on any trade, business or profession; or
(c) any former or existing juristic person,

­(a) any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or
(b) any other functionary or institution when—

­(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 and, 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.

(a) requiring any person to generate, communicate, produce, process, send, receive, record, retain, store or display any information, document or signature by or in electronic form; or
(b) prohibiting a person from establishing requirements in respect of the manner in which that person will accept data messages.

­(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 e-strategy have been achieved;
(g) may liaise, consult and cooperate with public bodies, the private sector or any other person; and
(h) may, in consultation with the Minister of Finance, appoint experts and other consultants on such conditions as the Minister may determine.

(a) The Minister must, in consultation with other members of the Cabinet, determine the subject matters to be addressed in the national e-strategy and the principles that must govern the implementation thereof.
(b) Prior to prescribing any subject matter and principles provided for in paragraph (a), the Minister must invite comments from all interested parties by notice in the Gazette and consider any comments received.
(c) The national e-strategy must, amongst others, set out­—

(a) procure funding from sources other than the State;
(b) allocate funds for implementation of the national e-strategy to such institutions and persons as are responsible for delivery in terms of the national e-strategy and supervise the execution of their mandate; and
(c) take any steps necessary to enable all relevant parties to carry out their respective obligations.

(a) provide Internet connectivity to disadvantaged communities;
(b) encourage the private sector to initiate schemes to provide universal access;
(c) foster the adoption and use of new technologies for attaining universal access; and
(d) stimulate public awareness, understanding and acceptance of the benefits of Internet connectivity and electronic transacting.

(a) making facilities and infrastructure available or accessible to such persons and communities to enable the marketing and sale of their goods or services by way of electronic transactions;
(b) providing or securing support services for such facilities and infrastructure to assist with the efficient execution of electronic transactions; and
(c) rendering assistance and advice to such persons and communities on ways to adopt and utilise electronic transactions efficiently.

­(a) information technology products and services in support of electronic transactions;
(b) business strategies for SMMEs and other businesses to utilise electronic transactions;
(c) sectoral, regional, national, continental and international policy formulation for electronic transactions;
(d) project management on public and private sector implementation of electronic transactions;
(e) the management of the .za domain name space;
(f) the management of the IP address system for the African continent in consultation with other African states;
(g) convergence between communication technologies affecting electronic trans­actions;
(h) technology and business standards for electronic transactions;
(i) education on the nature, scope, impact, operation, use and benefits of electronic transactions; and
(j) any other matter relevant to electronic transactions.

(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.

­(a) act in consultation with members of the Cabinet directly affected by such policy formulation or the consequences thereof;
(b) have due regard to­—

(a) referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and
(b) accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it.

(a) in the form of a data message; and
(b) accessible in a manner usable for subsequent reference.

­(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.

­(a) it is in the form of a data message; or
(b) it is not evidenced by an electronic signature but is evidenced by other means from which such person's intent or other statement can be inferred.

­(a) the integrity of the information from the time when it was first generated in its final form as a data message or otherwise has passed assessment in terms of subsection (2); and
(b) that information is capable of being displayed or produced to the person to whom it is to be presented.

(a) by considering whether the information has remained complete and unaltered, except for the addition of any endorsement and any change which arises in the normal course of communication, storage and display;
(b) in the light of the purpose for which the information was generated; and
(c) having regard to all other relevant circumstances.

(a) on the mere grounds that it is constituted by a data message; or
(b) if it is the best evidence that the person adducing it could reasonably be expected to obtain, on the grounds that it is not in its original form.

(a) the reliability of the manner in which the data message was generated, stored or communicated;
(b) the reliability of the manner in which the integrity of the data message was maintained;
(c) the manner in which its originator was identified; and
(d) any other relevant factor.

­(a) the information contained in the data message is accessible so as to be usable for subsequent reference;
(b) the data message is in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the
information generated, sent or received; and
(c) the origin and destination of that data message and the date and time it was sent or received can be determined.

(a) considering all the relevant circumstances at the time that the data message was sent, the method of generating the electronic form of that document provided a reliable means of assuring the maintenance of the integrity of the information contained in that document; and
(b) at the time the data message was sent, it was reasonable to expect that the information contained therein would be readily accessible so as to be usable for subsequent reference.

(a) the addition of any endorsement; or
(b) any immaterial change, which arises in the normal course of communication, storage or display.

­(a) an agreement may be formed where an electronic agent performs an action required by law for agreement formation;
(b) an agreement may be formed where all parties to a transaction or either one of them uses an electronic agent;
(c) a party using an electronic agent to form an agreement is, subject to paragraph (d), presumed to be bound by the terms of that agreement irrespective of whether that person reviewed the actions of the electronic agent or the terms of the agreement;
(d) A party interacting with an electronic agent to form an agreement is not bound by the terms of the agreement unless those terms were capable of being reviewed by a natural person representing that party prior to agreement formation.
(e) no agreement is formed where a natural person interacts directly with the electronic agent of another person and has made a material error during the creation of a data message and­—

(a) used in the conclusion or performance of an agreement must be regarded as having been sent by the originator when it enters an information system outside the control of the originator or, if the originator and addressee are in the same information system, when it is capable of being retrieved by the addressee;
(b) must be regarded as having been received by the addressee when the complete data message enters an information system designated or used for that purpose by the addressee and is capable of being retrieved and processed by the addressee; and
(c) must be regarded as having been sent from the originator's usual place of business or residence and as having been received at the addressee's usual place of business or residence.

(a) it is in the form of a data message; or

(b) it is not evidenced by an electronic signature but by other means from which such person's intent or other statement can be inferred.

(a) the originator personally;
(b) a person who had authority to act on behalf of the originator in respect of that data message; or
(c) an information system programmed by or on behalf of the originator to operate automatically unless it is proved that the information system did not properly execute such programming.

(a) any communication by the addressee, whether automated or otherwise; or
(b) any conduct of the addressee, sufficient to indicate to the originator that the data message has been received.

(a) accepts the filing of documents, or requires that documents be created or retained;
(b) issues any pennit, licence or approval; or
(c) provides for a manner of payment,

­(i) accept the filing of such documents, or the creation or retention of such documents in the fonn of data messages;
(ii) issue such pennit, licence or approval in the fonn of a data message; or
(iii) make or receive payment in electronic form or by electronic means.

­(a) the manner and fonnat in which the data messages must be filed, created, retained or issued;
(b) in cases where the data message has to be signed, the type of electronic signature required;
(c) the manner and fonnat in which such electronic signature must be attached to, incorporated in or otherwise associated with the data message;
(d) the identity of or criteria that must be met by any authentication service provider used by the person filing the data message or that such authentication service provider must be a preferred authentication service provider;
(e) the appropriate control processes and procedures to ensure adequate integrity, security and confidentiality of data messages or payments; and
(f) any other requirements for data messages or payments.

(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.

(a) from premises in the Republic;
(b) to a person who is present in the Republic when that person makes use of the service or product; or
(c) to a person who uses the service or product for the purposes of a business carried on in the Republic or from premises in the Republic.

(a) to a relevant authority which investigates a criminal offence or for the purposes of any criminal proceedings;
(b) to government agencies responsible for safety and security in the Republic, pursuant to an official request;
(c) to a cyber inspector;
(d) 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 of cryptography services or cryptography products and to which a cryptography provider is a party.

(a) monitor the conduct, systems and operations of an authentication service provider to ensure its compliance with section 38 and the other obligations of authentication service providers in terms of this Act;
(b) temporarily suspend or revoke the accreditation of an authentication product or service; and
(c) appoint an independent auditing firm to conduct periodic audits of the authentication service provider to ensure its compliance with section 38 and the other obligations of authentication service providers in terms of this Act.

(a) authentication products or services accredited in terms of section 37;
(b) authentication products and services recognised in terms of section 40;
(c) revoked accreditations or recognitions; and
(d) such other information as may be prescribed.

(a) be made to the Accreditation Authority in the prescribed manner supported by the prescribed information; and
(b) be accompanied by a non-refundable prescribed fee.

(a) is uniquely linked to the user;
(b) is capable of identifying that user;
(c) is created using means that can be maintained under the sole control of that user; and
(d) will be linked to the data or data message to which it relates in such a manner that any subsequent change of the data or data message is detectable;
(e) is based on the face-to-face identification of the user.

(a) Its financial and human resources, including its assets;
(b) the quality of its hardware and software systems;
(c) its procedures for processing of products or services;
(d) the availability of information to third parties relying on the authentication product or service;
(e) the regularity and extent of audits by an independent body;
(f) the factors referred to in subsection (4) where the products and services are rendered by a certification service provider; and
(g) any other relevant factor which may be prescribed.

(a) be reasonably secure from intrusion and misuse;
(b) provide a reasonable level of availability, reliability and correct operation;
(c) be reasonably suited to performing their intended functions; and
(d) adhere to generally accepted security procedures.

(a) the technical and other requirements which certificates must meet;
(b) the requirements for issuing certificates;
(c) the requirements for certification practice statements;
(d) the responsibilities of the certification service provider;
(e) the liability of the certification service provider;
(f) the records to be kept and the manner in which and length of time for which they must be kept;
(g) requirements as to adequate certificate suspension and revocation procedures; and
(h) requirements as to adequate notification procedures relating to certificate suspension and revocation.

(a) notified the authentication service provider in writing of its intention to do so;
(b) given a description of the alleged breach of any of the requirements, conditions or restrictions subject to which accreditation was granted under section 38 or recognition was given in terms of section 40; and
(c) afforded the authentication service provider the opportunity to—

­(a) the rights and obligations of persons relating to the provision of accredited products and services;
(b) the manner in which the Accreditation Authority must administer and supervise compliance with those obligations;
(c) the procedure pertaining to the granting, suspension and revocation of accreditation;
(d) fees to be paid;
(e) information security requirements or guidelines; and
(f) any other relevant matter which it is necessary or expedient to prescribe for the proper implementation of this Chapter.

(a) for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
(b) by way of an auction;
(c) for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer;
(d) for services which began with the consumer's consent before the end of the seven-day period referred to in section 44(1);
(e) where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
(f) where the goods—
(g) where audio or video recordings or computer software were unsealed by the consumer;
(h) for the sale of newspapers, periodicals, magazines and books;
(i) for the provision of gaming and lottery services; or
(j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.

(a) Its full name and legal status;
(b) its physical address and telephone number;
(c) its web site address and e-mail address;
(d) membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body;
(e) any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer;
(f) in the case of a legal person, its registration number, the names of its office bearers and its place of registration;
(g) the physical address where that supplier will receive legal service of documents;
(h) a sufficient description of the main characteristics of the goods or services offered by that supplier to enable a consumer to make an informed decision on the proposed electronic transaction;
(i) the full price of the goods or services, including transport costs, taxes and any other fees or costs;
(j) the manner of payment;
(k) any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers;
(l) the time within which the goods will be dispatched or delivered or within which the services will be rendered;
(m) the manner and period within which consumers can access and maintain a full record of the transaction;
(n) the return, exchange and refund policy of that supplier;
(o) any alternative dispute resolution code to which that supplier subscribes and how the wording of that code may be accessed electronically by the consumer;
(p) the security procedures and privacy policy of that supplier in respect of payment, payment information and personal information;
(q) where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently; and
(r) the rights of consumers in terms of section 44, where applicable.

(a) to review the entire electronic transaction;
(b) to correct any mistakes; and
(c) to withdraw from the transaction, before finally placing any order.

(a) the consumer must return the performance of the supplier or, where applicable, cease using the services performed; and
(b) the supplier must refund all payments made by the consumer minus the direct cost of returning the goods.

(a) of goods within seven days after the date of the receipt of the goods; or
(b) of services within seven days after the date of the conclusion of the agreement.

(a) with the option to cancel his or her subscription to the mailing list of that person; and
(b) with the identifying particulars of the source from which that person obtained the consumer'spersonal information, on request of the consumer.

­(a) declare certain classes of information which is of importance to the protection of the national security of the Republic or the economic and social well-being of its citizens to be critical data for the purposes of this Chapter; and
(b) establish procedures to be followed in the identification of critical databases for the purposes of this Chapter.

(a) requirements for the registration of critical databases with the Department or such other body as the Minister may specify;
(b) procedures to be followed for registration; and
(c) any other matter relating to registration.

(a) The full name, address and contact details of the critical database administra­tor;
(b) the location of the critical database, including the locations of component parts thereof where a critical database is not stored at a single location; and
(c) a general description of the categories or types of information stored in the critical database excluding the contents of such critical database.

­(a) the general management of critical databases;
(b) access to, transfer and control of critical databases;
(c) infrastructural or procedural rules and requirements for securing the integrity and authenticity of critical data;
(d) procedures and technological methods to be used in the storage or archiving of critical databases;
(e) disaster recovery plans in the event of loss of critical databases or parts thereof; and
(f) any other matter required for the adequate protection, management and control of critical databases.

(a) the security of such databases; or
(b) the physical safety of a person in control of the critical database.

­(a) to a relevant authority which is investigating a criminal offence or for the purposes of any criminal proceedings;
(b) to government agencies responsible for safety and security in the Republic pursuant to an official request;
(c) to a cyber inspector for purposes of section 57;
(d) pursuant to sections 11 and 30 of the Promotion of Access to Information Act, 2000; or
(e) for the purposes of any civil proceedings which relate to the critical data or parts thereof.

(a) the finding of the audit report;
(b) the action required to remedy the non-compliance; and
(c) the period within which the remedial action must be performed.

­(a) the rules for the convening and conducting of meetings of the Board, including the quorum required for and the minutes to be kept of those meetings;
(b) the manner in which decisions are to be made;
(c) the establishment of any division of the Authority to perform specialised functions;
(d) the establishment and functioning of committees, including a management committee;
(e) the co-opting by the Board or a committee of any person to assist the Authority or committee in the consideration of any particular matter;
(f) the preparation by the Board of an annual business plan in terms of which the activities of the Authority are planned annually;
(g) the banking and investment of funds by the Board;
(h) provisions to regulate the manner in which, and procedures whereby, expertise from any person is obtained in order to further the objects of the Authority;
(i) the determination through arbitration of any dispute concerning the interpre­tation of the memorandum and articles of association of the Authority;
(j) the delegation of powers and assignment of duties to directors, committees and employees: Provided that the Board may­—
(k) the procedures and criteria for the establishment and disestablishment of second level domains and for delegations to such domains;
(l) appeal mechanisms;
(m) the tenure of directors;
(n) the circumstances under and the manner in which a directorship is terminated;
(o) criteria for the disqualification of directors;
(p) the method of determining the allowances to be paid to directors for attending meetings; and
(q) the powers and duties of directors.

(a) The Minister must appoint an independent selection panel consisting of five persons, who command public respect for their fair-mindedness, wisdom and understanding of issues concerning the Internet, culture, language, academia and business, the names of whom must be placed in a notice in the Gazette;
(b) the Minister must invite nominations for members of the Board from the public through newspapers which have general circulation throughout the Republic, on-line news services, radio and by notice in the Gazette;
(c) nominations must be made to the panel established in terms of paragraph (a);
(d) the panel must recommend to the Minister names of nine persons to be appointed to the Board taking into account the sectors of stakeholders listed in subsection (3)(b);
(e) if the Minister is not satisfied that the recommendations of the panel comply with subsection (3) the Minister may request the panel to review its recommendations and make new ones;
(f) the Minister must appoint the members of the Board, and publish the names of those appointed in the Gazette;
(g) the Minister must appoint the Chairperson of the Board from among the names recommended by the panel.

(a) The Board, when viewed collectively, must be broadly representative of the demographics of the country, including having regard to gender and disability.
(b) Sectors of stakeholders contemplated in subsection (2)(d) are­—

(a) administer and manage the .za domain name space;
(b) comply with international best practice in the administration of the .za domain name space;
(c) license and regulate registries;
(d) license and regulate registrars for the respective registries; and
(e) publish guidelines on­—
with due regard to the policy directives which the Minister may make from time to time by notice in the Gazette.

(a) may conduct such investigations as it may consider necessary;
(b) must conduct research into and keep abreast of developments in the Republic and elsewhere on the domain name system;
(c) must continually survey and evaluate the extent to which the .za domain name space meets the needs of the citizens of the Republic; and
(d) may, from time to time, issue information on the registration of domain names in the Republic.

(a) liaise, consult and co-operate with any person or other authority; and
(b) appoint experts and other consultants on such conditions as the Authority may determine.

(a) such parties must be granted a period of six months during which they may continue to operate in respect of their existing delegated sub-domains; and
(b) after the expiry of the six-month period, such parties must duly apply to be licensed registrars and registries as provided for in this Part.

­(a) proper record of all the financial transactions, assets and liabilities of the Authority are kept; and
(b) as soon as possible, but not later than three months after the end of a financial year, accounts reflecting the income and expenditure of the Authority and a
balance sheet of the assets and liabilities of the Authority as at the end of that financial year are prepared and submitted to the Board and Minister.

(a) the capital invested in or lent to the Authority;
(b) money appropriated by Parliament for that purpose;
(c) income derived from the sale or other commercial exploitation of its licenses, approvals, products, technology, services or expertise in terms of this Act;
(d) loans raised by the Authority;
(e) the proceeds of any sale of assets;
(f) income or interest earned on the Authority's cash balances or on money invested by it; and
(g) money received by way of grant, contribution, donation or inheritance from any source inside or outside the Republic.

(a) The money may be so utilised only as provided for in a statement of the Authority's estimated income and expenditure, that has been approved by the Minister.
(b) Money received by way of grant, contribution, donation or inheritance in terms of subsection (3)(g), must be utilised in accordance with any conditions imposed by the grantor, contributor, donor or testator concerned.

(a) The Board must in each financial year, at a time determined by the Minister, submit to the Minister for approval a statement of the Authority's estimated income and expenditure for the next financial year.
(b) The Board may at any time during the course of a financial year, submit a supplementary statement of estimated income and expenditure of the Authority for that financial year, to the Minister for approval.
(c) The Minister may grant the approval of the statement referred to in paragraph (a), with the agreement of the Minister of Finance.
(d) The Authority may not incur any expenditure in excess of the total amount approved under paragraph (c).

­(a) the requirements which registries and registrars must meet in order to be licensed, including objective standards relating to operational accuracy, stability, robustness and efficiency;
(b) the circumstances and manner in which registrations may be assigned, registered, renewed, refused, or revoked by the registries with due regard to the express recognition of the right of groups and members of groups within the Republic to identify with, use or communicate cultural, linguistic, geographical, indigenous or any other expressions of heritage including any visual or audible elements or attributes thereof;
(c) pricing policy;
(d) provisions for the restoration of a domain name registration and penalties for late payments;
(e) the terms of the domain name registration agreement which registries and registrars must adopt and use in registering domain names, including issues in respect of privacy, consumer protection and alternative dispute resolution;
(f) processes and procedures to avoid unfair and anti-competitive practices, including bias to, or preferential treatment of actual or prospective registrants,registries or registrars, protocols or products;
(g) requirements to ensure that each domain name contains an administrati ve and technical contact;
(h) the creation of new sub-domains;
(i) procedures for ensuring monitoring of compliance with the provisions of this Act and the regulations provided for in this Chapter, including regular .za domain name space technical audits;
(j) such other matters relating to the .za domain name space as it may be necessary to prescribe to achieve the objectives of this Chapter; and
(k) policy to be applied by the Authority.

(a) procedures for the resolution of certain types of disputes determined in the regulations and which relate to a domain name registration;
(b) the role which the Authority must fulfil in administering the dispute resolution procedure;
(c) the appointment, role and function of dispute resolution adjudicators;
(d) the procedure and rules which must be followed in adjudicating disputes;
(e) unlawful actions or activities in respect of domain names, distinguishing between criminal and civil liability;
(f) measures to prevent unlawful actions or activities with respect to domain names;
(g) the manner, costs of and time within which a determination must be made;
(h) the implementation of determinations made in terms of the dispute resolution procedure;
(i) the limitation of liability of registrars and registries for implementing a determination; and
(j) the enforcement and publication of determinations.

(a) its members are subject to a code of conduct;
(b) membership is subject to adequate criteria;
(c) the code of conduct requires continued adherence to adequate standards of conduct; and
(d) the representative body is capable of monitoring and enforcing its code of conduct adequately.

(a) the service provider is a member of the representative body referred to in section 71; and
(b) the service provider has adopted and implemented the official code of conduct of that representative body.

(a) does not initiate the transmission;
(b) does not select the addressee;
(c) performs the functions in an automatic, technical manner without selection of the data; and
(d) does not modify the data contained in the transmission.

­(a) for the sole purpose of carrying out the transmission in the information system;
(b) in a manner that makes it ordinarily inaccessible to anyone other than anticipated recipients; and
(c) for a period no longer than is reasonably necessary for the transmission.

(a) does not modify the data;
(b) complies with conditions on access to the data;
(c) complies with rules regarding the updating of the data, specified in a manner widely recognised and used by industry;
(d) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain information on the use of the data; and
(e) removes or disables access to the data it has stored upon receiving a take-down notice referred to in section 77.

(a) does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of a third party; or
(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent; and
(c) upon receipt of a take-down notification referred to in section 77, acts expeditiously to remove or to disable access to the data.

(a) does not have actual knowledge that the data message or an activity relating to the data message is infringing the rights of that person;
(b) is not aware of facts or circumstances from which the infringing activity or the infringing nature of the data message is apparent;
(c) does not receive a financial benefit directly attributable to the infringing activity; and
(d) removes, or disables access to, the reference or link to the data message or activity within a reasonable time after being informed that the data message or the activity relating to such data message, infringes the rights of a person.

(a) the full names and address of the complainant;
(b) the written or electronic signature of the complainant;
(c) identification of the right that has allegedly been infringed;
(d) identification of the material or activity that is claimed to be the subject of unlawful activity;
(e) the remedial action required to be taken by the service provider in respect of the complaint;
(f) telephonic and electronic contact details, if any, of the complainant;
(g) a statement that the complainant is acting in good faith;
(h) a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct; and

(a) monitor the data which it transmits or stores; or
(b) actively seek facts or circumstances indicating an unlawful activity.

­(a) inform the competent public authorities of alleged illegal activities under taken or information provided by recipients of their service; and
(b) to communicate to the competent authorities, at their request, information enabling the identification of recipients of their service.

(a) any obligation founded on an agreement;
(b) the obligation of a service provider acting as such under a licensing or other regulatory regime established by or under any law;
(c) any obligation imposed by law or by a court to remove, block or deny access to any data message; or
(d) any right to limitation of liability based on the common law or the Constitution.

­(a) be in possession of a certificate of appointment referred to in subsection (2); and
(b) show that certificate to any person who­—

(a) hinders or obstructs a cyber inspector in the performance of his or her functions in terms of this Chapter; or
(b) falsely holds himself or herself out as a cyber inspector,

(a) monitor and inspect any web site or activity on an information system in the public domain and report any unlawful activity to the appropriate authority;
(b) in respect of a cryptography service provider—
(c) in respect of an authentication service provider—­
(d) in respect of a critical database administrator, perform an audit as provided for in section 57.

(a) the requesting body must apply to the Department for assistance in the prescribed manner; and
(b) the Department may authorise such assistance on certain conditions.

(a) search those premises or that information system;
(b) search any person on those premises if there are reasonable grounds for believing that the person has personal possession of an article, document or record that has a bearing on the investigation;
(c) take extracts from, or make copies of any book, document or record that is on or in the premises or in the information system and that has a bearing on the investigation;
(d) demand the production of and inspect relevant licences and registration certificates as provided for in any law;
(e) inspect any facilities on the premises which are linked or associated with the information system and which have a bearing on the investigation;
(f) have access to and inspect the operation of any computer or equipment forming part of an information system and any associated apparatus or material which the cyber inspector has reasonable cause to suspect is or has been used in connection with any offence;
(g) use or cause to be used any information system or part thereof to search any data contained in or available to such information system;
(h) require the person by whom or on whose behalf the cyber inspector has reasonable cause to suspect the computer or information system is or has been used, or require any person in control of, or otherwise involved with the operation of the computer or information system to provide him or her with such reasonable technical and other assistance as he or she may require for the purposes of this Chapter; or
(i) make such inquiries as may be necessary to ascertain whether the provisions of this Act or any other law on which an investigation is based, have been complied with.

(a) an offence has been committed within the Republic;
(b) the subject of an investigation is­—
(c) information pertinent to the investigation is accessible from within the area of jurisdiction of the court.

(a) identify the premises or information system that may be entered and searched; and
(b) specify which acts may be performed thereunder by the cyber inspector to whom it is issued.

(a) the warrant has been executed;
(b) the warrant is cancelled by the person who issued it or in that person's absence, by a person with similar authority;
(c) the purpose for issuing it has lapsed; or
(d) the expiry of one month from the date on which it was issued.