Electronic Law

The Cybercrimes Act: A question of capacity

After some time the Cybercrimes Act was signed into law on the 01 June 2021 although it has not come into force yet. Members of the public often get confused about this and ask: 'How can it be an Act and not be in force?'. While it does not always happen, there is a modern trend to insert a section (in this case section 60) which allows the President of South Africa to announce a commencement date of the Cybercrimes Act in the Government Gazette. This is done for both convenience and for timing.

The Wild West is Dead; Long Live Data Protection

The Trade Law Centre of South Africa (Tralac) has just published an article on the impact of the start of South Africa's Protection of Personal Information Act (POPIA). The article, which is written by Paul Esselaar, considers some of the impacts that the advent of data protection in South Africa will have on digital trade, in particular considering the interaction between data protection and African Continental Free Trade Area (AfCFTA). 

Cybercrimes Bill that much closer to becoming an Act

The National Council of Provinces has amended the Cybercrimes Bill again and sent it to the President for approval. In general all the amendments to the Cybercrimes Bill were passed by majority vote. Some of the more significant amendments include: 

Cybercrime and information security law

The Cybercrime Bill has been passed, meaning that great changes are ahead for the way that cybercrimes are dealt with.

Cybercrime can be defined as "any form of criminal activity involving the use of computers and the Internet", and is also referred to as computer crime, electronic crime, e-crime, netcrime, and hi-tech crime. Procedural laws in South Africa have not kept pace with the more intrusive and complex investigative measures which are needed to investigate cybercrime.

Protection of Personal Information Act published

The Protection of Personal Information Act (POPI) No. 4 of 2013 has finanally been published in the Government Gazette. This means that the POPI is now an Act of Parliament (and so a law of South Africa) but no commencement date has been published yet. The commencement date is a short notice in the Government Gazette as which is signed by the President of South Africa. In terms of s114 of POPI all companies will have 1 year after the commencement date to ensure that they comply with the requirements of POPI.

 

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