(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.