Regulatory Compliance

Cybercrimes Act now (mostly) in force

The Cybercrimes Act no. 19 of 2020 has now mostly come into force, although certain sections are still excluded. The official text as signed by President Cyril Ramaphosa can be downloaded here (PDF - 92kb). 

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 National Credit Act update

The National Credit Act Amendment Act 7 of 2019 has real consequences for credit providers and debt counsellors in particular. This course focuses on the likely impact that the changes will have in the market. 

This course highlights the changes to the National Credit Act and gives feedback on the changes to the legislation as well as updates on recent case law related to the NCA. Attending this course will help you to make strategic decisions on how best to react to the changes.

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.


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