STAATSKOERANT, 24 JANUARIE 2014
No. 37261
the need for faster adoption of e-commerce by individuals, enterprises and governments. It
outlined the legal foundation for e-commerce; identified key issues regarding the validity,
recognition and enforcement of electronic contracts and highlighted issues of intellectual
property protection requirements, for instance, raising awareness regarding the
implementation of copyright, trademark and patent protection in an electronic environment.
The promulgation of the Electronic Communications and Transactions Act (ECTA) two years
after the publication of the Green Paper on e-commerce, laid the legal framework for
consumers, businesses and government to conduct and use electronic transactions in a
safe, secure and effective environment. The ECTA further provided for the development of a
national e-strategy, and promoted universal access to electronic communications and
transactions and the use of electronic transactions by SMMEs.
6.4 Cybersecurity
6.4.1 Background
The objective of cybersecurity is to reduce cybersecurity risks, to minimise successful
cybersecurity attacks, and to build trust in and security of the internet. Cybersecurity includes
the application of information security standards, the definition of appropriate cybersecurity
organisations and the education of internet users.
Big and small enterprises, governments, as well as private internet users are facing similar
threats in cyberspace.
Countries are setting up national cybersecurity strategies in order to protect their citizens,
economy and environment. Critical infrastructure like telecommunications networks, power
networks, (nuclear) power plants, and industrial complexes are potential targets of cyber
attacks, which could have devastating consequences if not adequately countered. To
counter this threat, countries are setting up Computer Emergency Response Teams
(CERTs) and Computer Security Incident Response Teams (CSIRTs). The CERTs and
CSIRTs coordinate planned and ad-hoc activities against threats to cybersecurity and
ensure that there is international cooperation in this area.
6.4.2 The current legal and regulatory framework for cybersecurity
The legal framework for cybersecurity matters is the ECTA of 2002. The ECTA provides for,
inter alia, the following:
Regulation of Public Key Infrastructure (PKI) and authentication and
accreditation for electronic signatures;
Legal, technical and operational framework for e-signature usage;
Categories of electronic signatures;
Preferred Authentication Service provider for government, namely the South
African Post Office Trust Centre;
Establishment of the South African Accreditations Authority; and
Appointment of cyber-inspectors.
South Africa is also a signatory to international treaties such as the Budapest Convention
and the SADC Model Law. The Budapest Convention remains the only international
agreement that addresses cybercrime and is aimed at harmonising national laws and
establishing international cooperation against cybercrime.
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