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No. 23708
Act No. 25, 2002
GOVERNMENT GAZE‘ITE,
AUGUST 2
2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
CHAPTER XIV
GENERAL PROVISIONS
90.Jurisdiction
of courts
91. Saving of common law
92. Repeal of Act 57 of 1983
93.Limitation
of liability
94. Regulations
95.Shorttitle
and commencement
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SCHEDULE 1
SCHEDULE 2
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CHAPTER I
INTERPRETATION, OBJECTS AND APPLICATION
Definitions
1. In this Act, unless the context indicates ctherwise“addressee”, in respect of a data message, means a person who is intended by the
originator to receive the data message, but not a person acting as an intermediary
in respect of that data message;
“advanced electronic signature” means an electronic signature which results from
a process whichhas been accredited by the Authority as providedfor in section 37;
“authenticationproducts or services”meansproducts
or servicesdesigned to
identify the holder of an electronic signature to other persons;
“authentication service provider” means a person whose authentication products
or services have been accredited by the Accreditation Authority under section 37 or
recognised under section 40;
“Authority” means the .za Domain Name Authority;
“automated transaction” means an electronic transaction conducted or performed,
in whole or in part, by means of data messages in which the conduct or data
messages of one orboth parties are not reviewed by a natural person inthe ordinary
course of such natural person’s business or employment;
“browser” means a computer program which allows a person to read hyperlinked
data messages;
“cache” means high speed memory that stores data for relatively short periods of
time, under computer control, in order to speed up data transmission or processing;
“ccTLD” means country code domain at the top level of the Internet’s domain
namesystemassignedaccording
to the two-lettercodes in theInternational
Standard I S 0 3 166-1 (Codes for Representation of Names of Countries and their
Subdivision);
“certification serviceprovider”meansa
person providing an authentication
product or service in the form of a digital certificate attached to, incorporated in or
logically associated with a data message;
“consumer” means any natural person who enters or intendsenteringinto an
electronic transaction with a supplier as the end user of the goods or services
offered by that supplier:
“Consumer Affairs Committee” means the Consumer Affairs Committee established by section 2 of the Consumer Affairs (Unfair Business Practices) Act, 1988
(Act No. 71 of 1988);
“critical data” meansdata that is declared by the Minister in terms of section 53 to
be of importance to the protection of the national security of the Republic or the
economic and social well-being of its citizens;
“critical database” means a collection of critical data in electronic form from
where it may be accessed, reproduced or extracted;
“critical database administrator” means the person responsible for the management and control of a critical database;
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