ECT Act

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Do you need to register as a Cryptography Provider?

You need to register as a cryptography provider if you provide encryption-related products and services or electronic-signature-related offerings. Cryptography and encryption present a challenge to security-conscious governments in that it allows you to conceal your message content from the authorities. [...]

By |2025-03-20T11:30:32+02:00March 5th, 2025|Categories: IT Law|Tags: , , , , |

Returns Policy under the Consumer Protection Act in South Africa

When can a consumer get a Consumer Protection Act refund in South Africa? Do you need a returns policy? In this article, we look at when a consumer can return goods and explain how we can help suppliers of goods [...]

Lexing Insights | Legal framework for encryption tools

Initially used by military leaders and diplomats, cryptology has become an integral part of our daily lives since the advent of the Internet. This science of secret writing, which is divided into two types (cryptography and cryptanalysis), is today essential [...]

Encryption law or cryptography law in South Africa

There is some encryption law or cryptography law in South Africa. None prohibit its use but cryptography providers or suppliers need to register with the Government. Users of crypto products don't need to register. South Africa has a kind [...]

By |2025-04-10T16:34:28+02:00November 25th, 2021|Categories: POPI and Data Protection|Tags: , , , |

Is it possible to eSign or use an Online Signature?

People everywhere want to know if they can eSign or use an online signature to sign documents, and whether or not such electronic signatures really are important. They want to know about how the law recognises electronic signatures. They're asking [...]

By |2020-03-23T16:55:07+02:00March 23rd, 2020|Categories: Electronic Signature Law|Tags: , , |

The law regards automatic and electronic processes

Many organisations are taking processes and looking to see how they can do them electronically and automatically. Putting digital first or moving from a paper-based environment to a digital environment. There are obviously huge benefits to going digital - saving [...]

Information and Communications Technology Law Book

Information and Communications Technology Law is a  book recently published by LexisNexis in 2016 dealing with South African law on the topic. It is written by DP van der Merwe, A Roos, T Pistorius, GTS Eiselen and SS Nel.  It is [...]

By |2018-07-18T12:09:20+02:00April 11th, 2016|Categories: IT Law|Tags: , , , |

ISPs can get limited liability by joining an association

In the past, various Internet service providers (ISPs) and publishers have been held liable for the unlawful action of others. For example, ISPs have  been held liable for the data hosted on one of their servers by a customer. So, [...]

By |2023-02-28T07:12:05+02:00May 27th, 2012|Categories: Contracts|Tags: , |

Does the Law Accept Delivery via SMS?

SMS is "the one form of communication that many people are tethered to 24/7. Which helps explain why, at a time when in-boxes fill with hundreds of never-opened email messages from direct marketers, 97 percent of all SMS marketing messages [...]

By |2019-08-24T09:34:12+02:00October 28th, 2009|Categories: Electronic Communications Law|Tags: , , |

ISPs: when and when not to reveal information on your client

Hosting companies and Internet Service Providers (ISPs) are often faced with the dilemma of being requested to reveal information about the identity or activities of their clients.  The request may come from: a third party who alleges that a wrong [...]

By |2023-02-28T07:09:09+02:00October 16th, 2009|Categories: IT Law|Tags: , , , , |