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What is “information security law”?

April 17, 2009 – 7:02 am by Lance Michalson

Lance MichalsonInformation security law is an emerging area of the law which is currently at the same stage of development as so-called “Internet law” or “cyber law” was at in the early 21st century.

There is no single law in South Africa that governs all of a company’s information security obligations. Rather, it comprises a ‘patchwork’ of different laws, and even standards and best practices.

The patchwork comprises the following areas of law:

  • Transactional security: where section 43 (5) of the ECT Act requires the use of a payment system which is “sufficiently secure”.
  • Corporate Governance: where King II requires appropriate information security controls to protect companies and their shareholders.
  • Electronic signutures: where ordinary electronic signatures and “advanced” electronic signatures play a role in securing information pursuant to sections 13 of the ECT Act.
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