Organisations faced with cybercrime or data breach risks need to have a clear, effective and robust plan on hand to deal with these incidents. The plan needs to consider the interaction between the Electronic Communications and Transactions Act 35, 2005 (“ECTA”), the Cybercrimes Act 19, 2020 (“Cybercrimes Act”) and the Protection of Personal Information Act 4, 2013 (“POPIA”).
The Cybercrimes Act was signed into law on 26 May 2021, but the Act will only come into operation on a date yet to be proclaimed by the President in the Government Gazette. Once in force, the Act will repeal sections 85, 86, 87 and 88 of ECTA. Chapter 2 of the Cybercrimes Act will then deal with cybercrimes, malicious communications, sentencing and orders to protect complainants from the harmful effect of malicious communications.
POPIA came into effect, by and large, on 1 July 2021, and in terms of Processing Condition 7, places an obligation on the responsible party to secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to, or unauthorised destruction of personal information and unlawful access to or processing of personal information. In order to so, the responsible party must take reasonable measures to identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control.
Join Adv Prof Sizwe Snail on the 15th of June 2022 from 10:00 am to 12:00 pm as he presents a law update and other significant changes that affect you.
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