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Guide to the ECT Act

Thursday, September 25th, 2008

INTRODUCTION The Electronic Communications and Transactions Act 25 of 2002 ("the Act" / "ECT Act") became law on Friday, 30 August 2002.  This marked the end of a process initiated by the South African Government in 1999 to establish a formal structure to define, develop, regulate and govern e-commerce in South ...

Guide to Email Management

Thursday, September 25th, 2008

"E-mail is the digital formalin of the 21st century" - Lance Michalson [Formalin n. a colourless solution of formaldehyde in water used as a preservative for biological specimens etc." - OED 9th ed.] Background Email has become the life-blood of most companies.  It has replaced paper based and verbal communications as the single ...

Guide to “Advanced” Electronic Signatures

Thursday, June 26th, 2008

On Wednesday 20 June 2007 the Minister of Communications published the Accreditation Regulations in terms of section 41, read with section 94 of the Electronic Communications and Transactions Act, 25 of 2002 (ECT Act).  The Accreditation Authority (AA) is responsible for assessing and granting applications to have certain electronic signatures ...

Legal effect of destroying records

Sunday, November 4th, 2007

There are different reasons why organisations destroy records.  Every time you do so, does not necessarily mean that you are breaking the law. The reasons include the following: Routine records destruction programs. Manual cleaning of the files: Many companies "clean up" their e-mail periodically by asking employees to clean out their inboxes ...

Corporate Governance and IT in South Africa

Saturday, November 3rd, 2007

What is corporate governance? There are many definitions of corporate governance. Simply put, corporate governance is doing what is right, decent, honest and proper in order to hold a balance between, on the one hand, economic and social goals and, on the other hand between the goals of individuals and the ...

Link between Monitoring and Privacy

Saturday, August 25th, 2007

There is direct link between the concepts of "privacy" and "monitoring". Privacy The Constitution of the Republic of South Africa of 1996 ("the Constitution") recognises the right to privacy in South Africa as a fundamental right in section 14.   It includes the right not to have the privacy of one's communications ...

Important factors influencing email archiving

Thursday, August 9th, 2007

E-mail archiving is often confused with backups.  The primary goal of backing up is the preservation of server-based data to protect against data loss from server related problems, whereas the primary goal of e-mail archiving is to protect records which the law, the company or best practice requires be retained. There ...

Guide to the Electronic Communications Act (2006)

Monday, August 21st, 2006

The Electronic Communications Act, Act 36 of 2005 (the "ECA") came into force on 19 July 2006. The effect of the ECA is that the 1996 Telecommunications Act and the majority of the 1999 Broadcasting Act are repealed, new licence categories are introduced for both broadcasting and electronic communications to facilitate ...