On 12 June 2020, the Select Committee on Security and Justice announced that it has adopted the latest version of the Cybercrimes Bill. This comes after multiple rounds of public consultation since late 2019 with stakeholders who proposed significant amendments to the Bill. The Cybercrimes Bill has been amended throughout the years since it was first introduced in 2016, but latest this version might be the final version that becomes law. This is the signal that it is time to take action in your organisation to prepare for the enactment.

What does this mean?

The Select Committee’s version contains amendments that differ from the version that was passed by the National Assembly in 2018. This means that the Cybercrimes Bill will now have to go back to the National Assembly, who will either accept or reject the Bill with the proposed amendments before it can go to the President to be signed into law.

Why is the Cybercrimes Bill important?

South Africa needs a law that deals effectively with cybercrimes. South Africa has one of the highest rates of cyberattacks and many people have been victims of cybercrime. The Cybercrimes Bill will play a significant part in the fight against cybercrime as it sets out what the crimes are, and the various penalties for committing these crimes. For example, if you are an electronic communications services provider (ECSPs) or a financial institution, you will have certain incident reporting requirements in terms of the Cybercrimes Bill. So you will likely have to review your policies (such as infosec policies) and agreements to ensure that these requirements are recorded in your documents.

With the country and the rest of the world facing the current coronavirus pandemic, there is an even greater risk of cybercrimes. Whether it is security concerns when working remotely or an increased risk of cyberattacks to businesses that have resumed operations, it is still very important that our law can address these concerns and provide assistance. We need the Cybercrimes Bill now more than ever.

What has changed?

The committee has proposed various amendments such as:

  • introducing gender-neutral language into the Bill,
  • amending various crimes in Chapter 2 including the crime of unlawful access,
  • allowing for protection orders to protect against the harm of malicious communications,
  • amending Standard Operating Procedures, and
  • amending the search and seizure provisions.

What action should you be taking today?