Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
The purpose of the presentation was to understand the concept of ‘privacy’ and its different meanings worldwide, how to define the privacy framework and assess the risks arising from the use of new technologies such as drones or IoT, and introduce the Privacy Impact Assessment as an effective tool that we can use in any jurisdiction.
I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
Unit 6 Privacy and Data Protection 8 hrTushar Rajput
Right to Privacy and its Legal Framework, The Concept of Privacy, National Legal
Framework for Protecting Privacy, International Legal Framework for Protecting Privacy, Privacy Related Wrongs and Remedies, Data Security, The Concept of Security in Cyberspace, Technological Vulnerabilities, Legal Response to Technological
Vulnerabilities, Security Audit (VA/PT), Data Protection, Data Protection Position in
India, Privacy Policy, Emerging Issues in Data Protection and Privacy, BPOs and
Legal Regime in India, Protect Kids' Privacy Online, Evolving Trends in Data Protection and Information Security
IT law : the middle kingdom between east and WestLilian Edwards
Privacy as a value is often as conflicting with and less important than other major societal goals such as nation state secureity and business profits. China as a socialist state emerging a a major digital economuic force may fall prey to both these assumptions. However the recent history in the West shows that over zealous national secueity infringing citizen privacy, as revealed in the recent Snowden PRISM/TEMPORA etc scandals, may backlash against business profits as well as reducing citizen trust in security.China can learn from these lessons as it expands its own privacy law especially in the IT/telecoms area.
Discussion of the main elements of the draft Data Protection Regulation: what difference will it make to industry practice and user rights to control their data?
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
Canadian Copyright Law, Technology and Cultural Management CAMT
This seminar will provide cultural managers with a broad overview of the evolving legal and business issues facing copyright owners who wish to exploit and protect their property in the expanding digital, web-based, techonolgically-enabled universe. It will also provide a targeted framework for assessing the short and long term legal and business risks and benefits arising from the promotion, commercialization and enforcement of their copyright over the Internet among an increasingly demanding consumer base. Created by Elise Orenstein for the 2008 Technology in the Arts: Canada Conference.
From the FinTech Webinar Series. Explores:
1. Storage and Processing of Data in “the Cloud”
2. Mobile Devices and Mobile Apps
3. “Big Data”
4. Security and Privacy Issues in Third-Party Contracts
5. Data Security and Corporate Governance
6. International Privacy and Data Security
7. Data Security as a National Security Concern: Legislation and Executive Initiatives
In this presentation, we talk about the need for cyber security in organizations to protect important data and prevent attacks on the systems installed in an organization.
This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
The purpose of the presentation was to understand the concept of ‘privacy’ and its different meanings worldwide, how to define the privacy framework and assess the risks arising from the use of new technologies such as drones or IoT, and introduce the Privacy Impact Assessment as an effective tool that we can use in any jurisdiction.
I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
How to Make Sure the Kids Will Still Be Listening to The Beatles on Google Pl...gallowayandcollens
Many of today's artists are streaming on popular music sites like Google Play. Attorney Howard Collens shares his knowledge of Fiduciary Access to Digital Assets and how it pertains different music streaming sites and social media.
This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
Unit 6 Privacy and Data Protection 8 hrTushar Rajput
Right to Privacy and its Legal Framework, The Concept of Privacy, National Legal
Framework for Protecting Privacy, International Legal Framework for Protecting Privacy, Privacy Related Wrongs and Remedies, Data Security, The Concept of Security in Cyberspace, Technological Vulnerabilities, Legal Response to Technological
Vulnerabilities, Security Audit (VA/PT), Data Protection, Data Protection Position in
India, Privacy Policy, Emerging Issues in Data Protection and Privacy, BPOs and
Legal Regime in India, Protect Kids' Privacy Online, Evolving Trends in Data Protection and Information Security
IT law : the middle kingdom between east and WestLilian Edwards
Privacy as a value is often as conflicting with and less important than other major societal goals such as nation state secureity and business profits. China as a socialist state emerging a a major digital economuic force may fall prey to both these assumptions. However the recent history in the West shows that over zealous national secueity infringing citizen privacy, as revealed in the recent Snowden PRISM/TEMPORA etc scandals, may backlash against business profits as well as reducing citizen trust in security.China can learn from these lessons as it expands its own privacy law especially in the IT/telecoms area.
Discussion of the main elements of the draft Data Protection Regulation: what difference will it make to industry practice and user rights to control their data?
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
Canadian Copyright Law, Technology and Cultural Management CAMT
This seminar will provide cultural managers with a broad overview of the evolving legal and business issues facing copyright owners who wish to exploit and protect their property in the expanding digital, web-based, techonolgically-enabled universe. It will also provide a targeted framework for assessing the short and long term legal and business risks and benefits arising from the promotion, commercialization and enforcement of their copyright over the Internet among an increasingly demanding consumer base. Created by Elise Orenstein for the 2008 Technology in the Arts: Canada Conference.
From the FinTech Webinar Series. Explores:
1. Storage and Processing of Data in “the Cloud”
2. Mobile Devices and Mobile Apps
3. “Big Data”
4. Security and Privacy Issues in Third-Party Contracts
5. Data Security and Corporate Governance
6. International Privacy and Data Security
7. Data Security as a National Security Concern: Legislation and Executive Initiatives
In this presentation, we talk about the need for cyber security in organizations to protect important data and prevent attacks on the systems installed in an organization.
Global Cyber Security Outlook - Deloitte (Hotel_Digital_Security_Seminar_Sept...XEventsHospitality
By A.K. Vishwanathan, Senior Director – Enterprise Risk Services, Deloitte India
Vis is a Chartered Accountant, has a Certified in Risk and Information System Control (CRISC) and a member of the Information Systems Audit and Controls Association (ISACA).
He has advised large organisations in their endeavour in information security and controls, and led risk consulting in complex environments and regulated industries; specifically banking and financial services, telecom, manufacturing, oil and gas, pharma and life sciences and government sector.
2015 09-10 Health Valley meets Topsector LSH Alain van GoolAlain van Gool
Outline of the Radboud way towards Personalized Health(care)in a great session between health Valley, Topsector LSH, Radboudumc, province Gelderland and others.
6 Important Questions To Ask Before Becoming An Events ManagerSkills Academy
Are you considering studying events management and becoming and events management professional?
There are certain questions you must ask yourself, and ask of events management, before making this all important decision.
Here you can find answers to 6 of the most important questions you can ask before becoming an events manager.
We are not discouraged by our sluggish economy. People are still the same. Hearts are still moved! We will not stop saving the lives of children - why? Because THEY matter! Each and every person is a seed of hope for the future! We never know who the next amazing person will be! Let's work at bringing food, education, hope and dignity to each person. It changes things - but most importantly - it changes us!
In 1000 U.S. consumers, two-thirds of adults
reported using an SVOD service. Of these, nearly half
use them as much as, or more than, their pay television
service. Considering the first SVOD service launched less
than a decade ago, this explosive adoption is a remarkable
achievement.
A look at why Caribbean cyber security is important, Caribbean experiences achieving cyber security, why an effective strategy is critical and the importance of an effective Information Governance strategy.
Supporting the global efforts in strengthening the safety, security and resilience of Cyberspace, the Commonwealth Cybersecurity Forum 2013, organised by the Commonwealth Telecommunications Organisation. The ceremonial opening examined how Cyberspace could be governed and utilised in a manner to foster freedom and entrepreneurship, while protecting individuals, property and the state, leading to socio-economic development. Speakers of this session, Mr Mario Maniewicz, Chief, Department of Infrastructure, Enabling Environment and E-Applications, ITU; Mr David Pollington, Director, International Security Relations, Microsoft; Mr Alexander Seger, Secretary, Cybercrime Convention Committee, Council of Europe; Mr Nigel Hickson, Vice President, Europe, ICANN and Mr Pierre Dandjinou, Vice President, Africa, ICANN, added their perspectives on various approaches to Cybergovernance, with general agreement on the role Cyberspace could play to facilitate development equitably and fairly across the world.
Hosted by the Ministry of Posts and Telecommunications of Cameroon together with the Telecommunications Regulatory Board of Cameroon and backed by partners and industry supporters including ICANN, Council of Europe, Microsoft, MTN Cameroon, AFRINIC and Internet Watch Foundation, the Commonwealth Cybersecurity Forum 2013 seeks to broaden stakeholder dialogue to facilitate practical action in Cybergovernance and Cybersecurity, some of which will be reflected in the CTO’s own work programmes under its Cybersecurity agenda.
Averting the dangers embedded in lack of privacy law in nigeria by arazimArazim Sheu
This slide presentation was developed to educate and enlighten the Mobile Network Operators, Government Agencies, general public and other stakeholders on how to avert the dangers embedded in lack of privacy laws in the country such that the provisions would eventually give birth to a commission or authority saddled with responsibility of data protection in the country.
E-contracting and Commerce is presented by Pria Chetty and details the South African legal position with regard to electronic contracts and the effect on commerce.
The Protection of Personal Information Act: A PresentationEndcode_org
What does the Protection of Personal information Act mean for business and for cybersecurity? Find out the implications of South Africa's new technology law Act.
Mutual Non Disclosure Agreement (South Africa)Endcode_org
This Mutual Non Disclosure Agreement template is available to all EndCode for Innovators members for use.
To join this group, please follow this link:
http://www.linkedin.com/groups/EndCode-Innovators-8158861/about
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
2. CONTEXT:
Cyber Crime awareness
Forms of Cyber Crime in South African Law
Cyber Crime Challenges to South African Law
How South Africa’s Legal System is Meeting Challenges
Cyberlaw Enforcement in South Africa
Security Recommendations
3. Cyber Crime?
“The probability
of a major cyber
attack is not ‘if’
but ‘when’.
Oliver Crepin-Leblond, Global Information Highway, United Kingdom
5. Cyber Crime awareness?
• Internet penetration, mobile devices
• Crimes are growing, but little awareness
• No multimedia public awareness campaign
• No national awareness campaigns – patchwork of initiatives
• CSIR
• SABRIC funded by local banks to track and respond to cybercrime in banking sector
• Cybercrime.org.za: an awareness portal intended for informational purposes.
• Alertafrica.com raising awareness of cyber threats in SA
• ISG Africa
• South African Centre for Information Security
• FPB PROCHILD
• SACSAA South African Cyber Security Academic Alliance NMMU; UJ; UNISA cyberaware.org.za
• No government involvement in existing efforts
• No cyber watch centres
• Ethiopia: 24-hour national computer security incident response teams
8. Cyber Crime?
• No national cybersecurity awareness framework in place
• Infrastructure for cybersecurity protection strong but awareness
is low
• Mobile usage and lack of security awareness - vulnerability
• Although numbers have decreased, cost per victim has risen
• 48% smartphone and tablet users do not take basic precautions
• What information is being shared on social networking platforms
• Perception of lawlessness, ineffective enforcement
• ALL LEVELS OF SOCIETY TO BE ENGAGED
11. South Africa’s cyberwellness profile
How does the ITU measure us?
LEGAL
Criminal legislation
• ECT Act
• National Cybersecurity Policy Framework 2012
• RICA
• POPI Act
Regulation and compliance
• No specific legislation and regulation related to cybersecurity
TECHNICAL
CIRT
• ECS-CSIRT is an officially recognised CIRT
STANDARDS
• Approved national cybersecurity frameworks for implementing internationally recognsied
cybersecurity standards through NCPF
CERTIFICATION
• No frameworks for certification and accreditation of national agencies and public sector
professionals
12. South Africa’s cyberwellness profile
How does the ITU measure us?
ORGANISATION
Policy: Officially recognised NCPF approved March 2012
Roadmap for Governance: National Cybersecurity Implementation Plan
Responsible Agency: State Security Agency for implementing national cybersecurity strategy,
policy and roadmap
National Benchmarking: No benchmarking exercises to measure cybersecurity development
• and publci sector agencies certified under internationally recognised standards in
cybersecurity.
CAPACITY BUILDING
• Standardisation development: No R&D programs for standards, best practices or guidelines to
be applied in private or public sector
• Manpower development: No educational and professional training programs for raising
awareness with public, promoting courses in higher education and promoting certification
of professional in private or public sectors
• Professional certification: No public sector professional certified under internationally
recognised certification programs
• Agency certification:: No certified government and public sector agencies certified under
internationally recognised standards
13. South Africa’s cyberwellness profile
How does the ITU measure us?
COOPERATION
Intra-State cooperation: partnerships with 24/7 program
Intra-Agency cooperation: : no officially recognised national or sector-specific
programs for sharing cybersecurity assets within public sector.
Public Sector partnership: : no programs for sharing cybersecurity assets
within the public and private sector
International cooperation: : member of ITU-IMPACT initiative; beneficiary
HIPSSA; participated in international effort on cybercrime (EU GLACY
project); on finalisation stage of draft AUC Cybersecurity Convention
workshop
14. South Africa’s cyberwellness profile
How does the ITU measure us?
PROTECTION OF CHILDREN ONLINE
National legislation: Amendment to Sexual Offences and Related Matters
Act; Films and Publications Act
UN Convention and Protocol: Convention on the Rights of the Child; Optional
Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography
Institutional support: no recognised agency offering institutional support on
child online protection
Reporting mechanism: FPB PRO CHILD phone number on website
15. What is Cyber Crime?
• South African law has no formal definition
• Internationally there is little consensus
• Consider the following:
• “Unlawful conduct involving a computer or computer system or computer
network, irrespective of whether it is the object of the crime or
instrumental in the commission of the crime.”
(Cyberlaw @SA III)
16. What Constitutes a Cyber Crime?
• Electronic Communications and Transactions Act 25 of
2002 (ECT Act) Chapter 13 criminalises various acts:
• Hacking
• Denial of Service attacks
• Unauthorised access to and tampering with information
• Fraud, forgery, extortion related to a computer
• Other cyber crimes include:
• Distribution, creation, possession of child pornography in digital format
• Identity theft
• Cyber-stalking
• Phishing
• Online gambling
• Falsity with regard to accreditation by Accreditation Authority
• Failure by critical database administrator to take remedial action
• Obstructing cyber inspectors’ functions
17. Cyber Crime Challenges for SA Law
• No single existing government agency to manage all
aspects of cybersecurity and cybercrime
18. • Policy development
Department of Communications
Department of State Security
• Curbing and prosecuting crime
Department of State Security
DoJ & CD
Department of Police
• Responsibility for prosecution of cybercrime and court
processes
• RICA implementation
DoJ & CD
• Implementation cybersecurity measures
• Develops, imp Department of State Security lements regulations on cybercrime
• Co-ordination and implementation of cyber-defence
Department of Defence & Military measures
Veterans
• Development, coordination, implementation of national
capacity development programmes on a national
cybersecurity research and development agenda
Department of Science &
Technology
Ministry of Police • Prevention, investigation, combating of cybercrime
19. Cyber Crime Challenges for SA Law
• Crime across international borders
• Jurisdictional issues
• Relying on international assistance
• Importance of global coherent cyber crime laws
• Digital evidence is different
• Evidence is information
• Admissibility of electronic evidence
• Protecting the veracity of electronic evidence
• Need for ISP participation
• Many perpetrators, many victims
• No physical presence
• Domestic laws govern investigation
20. Cyber Crime Challenges for SA Law
• Intelligence gathering in the digital world
• Equipping investigators with cyber skills
• Ability to act swiftly
• Participation of ISP
• Flexible laws to keep pace with technology
• New types of crimes
• Denial of Service Attacks
• Hacking
• cyberstalking
Request
Request
Request Request
Information
System Request
Request
Request
Request
DoS Attack
21. Can existing South African common
law accommodate Cyber Crime?
• Nullum crimen sine lege Principle
• No crime without (prior) criminal prohibition
• South Africa’s living, adaptable common law
• E.g., common law crime of theft can be applied to cyber crime theft
• S v Van den Berg 1991: electronic fraudulent misrepresentation still fraud as
per common law
• S v Howard 2005: “property” in crime of malicious damage to property no
longer needs to be physical
Need for specific legislative provisions for cyber crimes to include new crimes
and be clear about illegality
22. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
Substantive Laws
• ECT Act prohibits:
• Unauthorised access to information or interception of
information s86(1);
• Unauthorised intentional interference resulting in
modification, rendering ineffective or destruction of
information s86(2);
• Overcoming security measures which protect data, including
the sale, distribution or possession of a device that is meant
to be used to overcome security measures s86(3) s86(4);
• A complete or partial denial of service attack s86(5);
• Computer-related extortion, fraud and forgery s87; and
• Attempt, and aiding and abetting in any of the
abovementioned acts s88
23. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
Substantive Laws
• CPA & ECT Act
• Together with the Consumer Protection Act 68 2008, the ECT Act regulates unsolicited
communications (SPAM)
• POPI
• Stringent requirements imposed on collecting and processing personal information
• electronic direct marketing prohibition
• The Films and Publications Act
• The Films and Publications Act 65 of 1996 imposes a statutory obligation on ISPs to prevent the
distribution of child pornography in South Africa
• The National Gambling Act
• The National Gambling Amendment Act 10 of 2008, which has been adopted but not promulgated
regulates online gambling and casinos against dishonest operations
• Until the promulgation of the Amendment Act, online gambling is currently prohibited for South
African residents
24. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
Procedural Laws
• RICA:
• Minister of Communications responsible for:
• directives to ensure electronic communication service providers must make their systems interceptible and store
information
• Prescribing technial, security and functional requirements of interception facilities
• Implemented state surveillance (data collection) as an investigatory method for serious crime committed
on the Internet
• Direct and indirect communication included
• Interception, data retention, decryption and monitoring are included as methods of surveillance.
• ECT Act:
• Provides for secure electronic transactions; cryptography services; authentication of service providers;
consumer protection; protection of critical databases; domain name authority and administration; and
establishment of a cyber inspectorate
• Gives weight to evidential weight to data messages in court of law
• Provides for the regulationof Public Key Infrastructures and authentication and accreditation of electronic
signatures
• Under review: electronic evidence
25. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
On the Cards
• Draft Cyber Security Policy 2010
• Cabinet passed the National Cyber Security Policy Framework in March 2012 but is not
publicly available
• Guidance on how to secure cyberspace is not available
• Draft stated milestones for establishing CSIRT (Computer Security Incident Response
Team) and CSERT (Computer Security Emergency Response Team) end March 2012
• Mandate challenges: milestones not met. Feb 2012 decision that State Security should
take over responsibility from Department of Communications for drafting policy on
cybercrime
• Framework proposes co-operation between government, private sector and civil
society
26. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
On the Cards
• Draft Cyber Security Policy 2010
• Facilitate the establishment of relevant structures in support of cybersecurity
• Ensure reduction of Cybersecurity threats and vulnerabilities
• Foster cooperation and coordination between government and private sector
• Promote and strengthen international cooperation on Cybersecurity
• Build capacity and promote a culture of cybersecurity
• Promote compliance with appropriate technical and operational Cybersecurity
standards
27. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position domestically?
On the Cards
• Draft Cyber Security Policy 2010
• National Cybersecurity Advisory Council appointed October 2013
• coordinates cybersecurity policies and interventions at operational and strategic levels, co-ordinated
national approach to cybersecurity
• Computer Incident Response Teams (CSIRT)
• identify, analyse, contain, mitigate, report on cybersecurity threats in various sectors
• National CSIRT, Government CSIRT, Sector CSIRT
• Faster co-operation between government, private sector and citizens
• Strengthen international co-operation
• Skills development and innovation
• Building capacity for law enforcement, judiciary, civil society requirements
• Promoting culture of cybersecurity through development programmes that address
government, business and user needs
28. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position internationally?
• The South African Constitution
• the Constitution of South Africa states that when interpreting the Bill of Rights a court, tribunal or forum
must take note of international law and may consider foreign law s39(1)
• The EU Convention on Cybercrime
• Signed by South Africa
• Addresses crime committed over electronic media
• The only international cybercrime treaty
• Requires signatory countries to create domestic cyber crime law (procedural and substantive)
• Harmonises the approach that signatory countries take to the legal provisions that they create
• International co-operation and assistance is important for the collection of electronic evidence and
criminal investigation
29. How is South Africa’s Legal System
meeting these challenges?
What is South Africa’s position internationally?
• The CoE Convention on Cybercrime (Budapest Convention)
• Only international agreement addressing cybercrime
• First international treaty harmonising national laws
• Oct 2014: ratified by 44 states, 9 have ratified, signed by Canada, Japan, US, SA
• The SADC Model Law on Cybercrime
• Harmonisation of SADC region country policies towards cybercrime
• Primarily identifying cybercrime offences to be included in domestic laws
• African Union Convention on Cybersecurity and Personal Data Protection
• Adopted June 2014
• Criticised as not acknowledging weaknesses of African security sector mecanims
• No requirement of strong judicial oversight to strengthen privacy protection
• National sovereignty and discretion over international law
• Does not outline minimum threshold that national legal frameworks and lws should ocmply with
30. How is South Africa’s Legal System
meeting these challenges?
Discussion Topics:
• Online Identity Theft
• No direct legislative
provisions
• Often considered a type of
fraud
• May be prosecuted under
the common law regarding
fraud, or the ECT
provisions regarding fraud
• High rate of online ID theft
in SA may require its own
legal provision
31. How is South Africa’s Legal System
meeting these challenges?
Discussion Topic:
• Personal Information
• The Protection of Personal Information Act 4 of 2013
• Promulgated but not in effect (information regulator provisions and definitions in effect)
• Related to identity theft
• Aims:
Protection of PI processed by private and public bodies
Minimum requirements for processing of PI
Establishment of Information Regulator
Codes of Conduct
Rights protection against SPAM and automated decision-making
Regulate cross-border flow
32. How is South Africa’s Legal System
meeting these challenges?
Discussion Topic:
• Phishing
• Online Fraud
• Social Engineering
• Related to Identity Theft
• Affects banking industry
• Affects individuals
EMC Infographic: Consumer Online Identity Risk
33. How is South Africa’s Legal System
meeting these challenges?
Discussion Topic:
• Phishing
• Estimated losses (SA)
• USD $222 million
• Phishing has increased 31% in SA for
the same time last year
• (EMC website)
The top 10
countries targeted
by phishing in
2013:
United States
United Kingdom
Germany
India
South Africa
Canada
Netherlands
Colombia
Australia
Brazil
34. South African Cyber Law Enforcement
How are cybercrime provisions enforced?
• S90 ECT Act
• Jurisdiction founded: where crime is committed, act of preparation:
result felt; citizen or permanent resident; ship or aircraft registered in SA
• Cyber Inspectors
• The ECT Act makes provision for the appointment of cyber inspectors to
monitor and inspect, search and seize upon warrant, any premises or
information system with regards to cybercrime investigation s82.
• However, no such inspectors have yet been assigned
• The Act is being amended
Lack of national effort:
• UK has 11 centres for cyber skills development linked to universities
• India sponsoring training of 500 000 “cyber warriors”
• South Korea produces 5 000 cyber specialists annually
• Kenya National Cybersecurity Strategy 2014
• Few prosecutors understand cybercrime
35. South African Cyber Law Enforcement
What Penalties Exist?
• The courts can had out the following sentences:
Fine or
imprisonment
max. 12
months
Unauthorised access to
information or interception
of information
Unauthorised intentional
interference resulting in
modification, rendering
ineffective or destruction
of information
The sale, distribution or
possession of a device that is
meant to be used to
overcome security measures
Last year, 54
individuals appeared
in the Nigel
Magistrates Court for
having allegedly
defrauded thousands
of individuals of
almost R15 million as
part of an inter-continental
syndicate
36. South African Cyber Law Enforcement
What Penalties Exist?
• The courts can hand out the following sentences:
Fine or
imprisonment
not more
than 5 years
Overcoming
security measures
which protect data
Computer-related
extortion,
fraud and forgery
A complete or
partial denial of
service attack
37. How is South Africa’s Legal System
meeting these challenges?
Discussion Topic: ECT Act Amendments on the horizon
• Aligns with international trends and NCPF March 2012
• ECTA Amendment Bill – deletion of S89 Penalties section
• S45 unsolicited commercial communications: max R1 mill; 1 year
• S84(2) confidentiality: max R2 mill; 2 years
• S86 unauthorised access: max R10 mill; 10 years
• S87 fraud, extortion: max R10 mill; 10 years
• S88 aiding, abetting: R5 mill; 5 years
Justice, Crime, Prevention and Security cluster to establish a Cybersecurity
Hub to allocate resources to deal with incidents
38. Recommendations
Performing assessments, implementing policies:
• ICT Acceptable Use policy
• Electronic Communications policy
• Information Security policy
• Encryption policy
• Electronic Evidence policy
• Privacy policy
• Monitoring and interception policy
• Records Management policy
• Records Retention policy
• Employment contracts
• Social media policy
http://pmmanuals.com/wp-content/uploads/2012/07/pvp.jpg
Contribute to policy-making at a sector and country level
39. EndCode’s expertise
EndCode has expert participation in:
• BRICS Cybersecurity Expert Group
• Global Cybersecurity Centre at Oxford University
• Council of Europe Cybercrime Group
• Cybercrime Institute (Germany)
• Drafting of Cybersecurity Model Laws for SADC
• Cybersecurity Policy Development (South Africa)
• ICT Policy Review (South Africa)
40. References
• S v Van den Berg 1991 (1) SACR 104 (T)
• http://www.cnbcafrica.com/news/southern-africa/
2014/09/20/identity-theft-financial-institutions/
• http://www.emc.com/collateral/fraud-report/rsa-online-fraud-report-
012014.pdf
• http://www.emc.com/infographics/consumer-online-identity-risk.
htm
• http://researchspace.csir.co.za/dspace/bitstream/10204/5941/1
/Dlamini_2012.pdf
• http://www.usatoday.com/story/tech/2014/10/29/pew-survey-cyber-
attack/18114719/
Experts expect a major attack within the next 11 years
Almost two-third of technology experts expect a "major" cyber attack somewhere in the world that will cause significant loss of life or property losses in the tens of billions of dollars by 2025.
A survey released Wednesday by the Pew Research Center found that many of analysts expect disruption of online systems like banking, energy and health care to become a pillar of warfare and terrorism. http://www.usatoday.com/story/tech/2014/10/29/pew-survey-cyber-attack/18114719/
Wolfpack study – losses across three sectors
6 most active cybercrime country globally FBI
3rd behind Russia and China informal consensus within private sector
R2.65 billion in three sectors CyberCrime Barometer 2012/2013 Wolfpack
FBI
common market for eastern and southern africa
develop a holistic framework to raise awareness on the complex nature of cybercrime and cyber security issues, motivate the establishment of national Computer Emergency Response Teams (CERT), collection and sharing of cybercrime statistics/indicators and formulation of annual SADC/COMESA cybercrime reports. It will facilitate the establishment of computer emergency response teams (CERT) for Internet security incidents and as national focal points to engage in securing cyberspace and the protection of critical information infrastructure. This should then be complemented by the enactment of cyber security laws which should be in line with the recently adopted SADC harmonised cyber security model laws. CERTs have been implemented in Mauritius, South Africa and Zambia. There is a need for further cooperation among CERT extended to the collection of quantitative data on cybercrime in the sub region.
CERTS should respond to cyber incidents, provide technical assistance to hacked businesses and disseminate timely notifications regarding current and potential threats.
CSIRT offers limited assistance on cyber-secruity issues to government entities
WASPA; CSIR; University of Fort Hare; Nelson Mandela University, Univeristy of Pretoria.
SADC Model law on Computer Crime and Cybercrime adopted Nov 2012
common market for eastern and southern africa
develop a holistic framework to raise awareness on the complex nature of cybercrime and cyber security issues, motivate the establishment of national Computer Emergency Response Teams (CERT), collection and sharing of cybercrime statistics/indicators and formulation of annual SADC/COMESA cybercrime reports. It will facilitate the establishment of computer emergency response teams (CERT) for Internet security incidents and as national focal points to engage in securing cyberspace and the protection of critical information infrastructure. This should then be complemented by the enactment of cyber security laws which should be in line with the recently adopted SADC harmonised cyber security model laws. CERTs have been implemented in Mauritius, South Africa and Zambia. There is a need for further cooperation among CERT extended to the collection of quantitative data on cybercrime in the sub region.
CERTS should respond to cyber incidents, provide technical assistance to hacked businesses and disseminate timely notifications regarding current and potential threats.
CSIRT offers limited assistance on cyber-secruity issues to government entities
WASPA; CSIR; University of Fort Hare; Nelson Mandela University, Univeristy of Pretoria.
SADC Model law on Computer Crime and Cybercrime adopted Nov 2012
First establihsed in response to 1988 internet worm. Membership in FIRST enables incident response teams to more effectively respond to security incidents by providing access to best practices, tools, and trusted communication with member teams.
Waking Shark II was organised by the Securities Industry Business Continuity Management Group which drew on extensive cyber expertise to design a scenario in which a cyber-attack caused disruption to wholesale markets and the financial infrastructure supporting those markets. Inov 2013
First establihsed in response to 1988 internet worm. Membership in FIRST enables incident response teams to more effectively respond to security incidents by providing access to best practices, tools, and trusted communication with member teams.
SIFMA Securities Industry and Financial Marketsassociation 2013July Quantum Dawn 2 was a cybersecurity exercise to test incident response, resolution and coordination processes for the financial services sector and the individual member firms to a street-wide cyber attack.
Aug 2014
Aug 2014
(Support for Harmonisation of the ICT Policies in Sub-Sahara Africa)
Aug 2014
(Support for Harmonisation of the ICT Policies in Sub-Sahara Africa)
Aug 2014
(Support for Harmonisation of the ICT Policies in Sub-Sahara Africa)
5 days after receiving the goods, the consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
2. no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
3. 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel wihtou penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
4. all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
4 instances when one can return goods under CPA:
Direct marketing cooling-off period: s16 5 days after receiving, consumer can return/cancel entire contract without penalty/and receive a full refund. Consumer pays costs to return goods
Goods which have not been seen before purchase: s20 (read with s19) no opportunity to examine or inspect actual goods received prior to purchase, on delivery they are entitled to inspect. If good do not meet ‘type’ or ‘quality’ reasonably expected from agreement or if do not conform to specification in terms of a special order, consumer can refuse delivery/receive full refund/ and cancel without penalty. Supplier is liable for return costs.
Good do not meet particular purpose. S55(3) 10 days after receiving goods consumer can return the goods if it is not suitable for the particular purpose, cancel without penalty, supplier liable for return costs. Not entitled to return if public regulation prohibits or goods have been disassesmbled, altered, added to or combined with other goods and property.
Implied warranty of quality. S56 all goods sold are sold with an implied warranty of quality that cannot be contracted out of or revoked, Warranty gives consumer right to receive goods that are reasonably suitable for purpose intended to be used for, are of good quality, free of defects and will be durable and usable for a reasonable period of time. If goods do not comply up to 6 months return or get goods replaced or get goods repaired. Without penality at supplier’s cost.
ECT: consumer provisions will trump CPA. Online purchases. Reasons for return 1-3 do not apply if ECT Act provisions apply to the transaction. Instead of these right of return consumers have: a general right to return (cooling off period); for 7 days after delivery for any reason without penalty but consumer liable for costs of return.
26 October 2013
Current penalties not regarded as substantive or deterrent