The Electronic Communications and Transactions Amendment Bill 2012 (ECT Amendment Bill) has been published. A General Notice was published in the Government Gazette notifying people that the Minister of Communications intends to amend the Electronic Communications and Transactions Act (ECT Act).
Deadline for submitting comments on the ECT Amendment Bill
Comments must be submitted within 30 working days of the publication, therefore comments are due before 7 December 2012.
Section 45 of the ECT Act
Some of the proposed amendments are significant and extensive. For example, if you are involved in direct marketing the amendments to section 45 are significant. We have included the proposed amendment below.
But bear in mind that section 45 is going to be repealed by the Protection of Personal Information Act (POPI). So if POPI is enacted before this amendment, then section 45 will be repealed. If POPI is enacted after this amendment, then section 45 (as amended) will apply from the date it is amended until it is repealed by POPI.