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No. 37261
GOVERNMENT GAZETTE, 24 JANUARY 2014
6.5 Policy Reform & Trends
6.5.1 e-Commerce
South Africa's e-commerce sector faces fundamental challenges, which require a concerted
effort by all role-players to ensure that it does not stagnate. Some of the issues that require
policy attention include consumer protection and confidence, harmonisation of the legal
framework, availability of broadband, universal access, delivery, geography, e-commerce
awareness and the rise of extraterritoriality.
6.5.2 Cybersecurity
A draft cyber-security policy was published in May, 2011. The policy was developed under
the DoC, but responsibility has now shifted to the State Security Agency. Today, the policy
and implementation process related to the overall security framework is led by the State
Security Agency. The redrafted policy was approved by Cabinet with the overall
responsibility being given to the State Security Agency.
a) Data protection
The ECTA introduced the concept of consumer protection by protecting individuals from
unsolicited commercial communication, and set out principles that govern the protection of
personal information.
Read together with the Consumer Protection Act (CPA) of 2008, the ECTA deals firmly with
the issue of unsolicited communications. Additionally, the Protection of Personal Information
Act_will make it illegal for a direct marketer to market directly to any individual unless prior
consent had been given, or unless that individual is an existing customer.
b) Identify theft
Identity theft is very high in South Africa. The South African Fraud Prevention Service
reported in 2008 that identify theft in South Africa could exceed R1 billion in annual losses,
As use of the internet rises, new forms of identity theft have emerged. Consumers' financial
records can be highly impacted on by persons who steal personal information through the
use of computers and other devices. Typically these scammers target people using spam
email, fake online banking websites and false online advertisements.
c) Online gambling and related activities
The National Gambling Act 2004 prohibited both offering interactive gambling services and
engaging in interactive games (games on the Internet). Online sports betting, online horse
race betting and the business of bookmaking is lawful in South Africa, provided that the
person conducting such business holds the necessary provincial bookmaker's licence(s), or
is using a website with a proper licence(s).
d) Collection, preservation and production of e-evidence
The Internet is not restricted to any national border. While the victim of cybercrime may
reside in one country, the offender might be in another country. This means that a multipronged strategy is required for the prosecution of cybercrime. Law enforcement agencies
are confronted with additional challenges, including the fact that data tracks are elusive,
which makes it difficult for these agencies to identify attacks and trace the offenders. The
collection of electronic evidence needs to be supported by effective data collection
processes and must be accepted in court as evidence.
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