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🧾 Overview
Name: Electronic Communications and Transactions Act (ECTA)
Act no: 25 of 2002
Effective Date: 30 August 2002
Type: Rules-based
Regulator: Department of Communications
Purpose: To facilitate and regulate electronic communications and transactions, develop a national e-strategy, promote universal access, and prevent abuse of information systems [Section 2].
👥 Who Does This Affect?
Direct Applicability:
All persons engaging in electronic communications and transactions [Section 4(1)].
High Impact On:
Sectors heavily reliant on electronic communications and transactions, including e-commerce, financial services, and information technology.
📋 Key Requirements Relating to Cybersecurity
- Legal Recognition: Data messages must maintain integrity and confidentiality [Section 14].
- Authentication: Authentication products/services must uniquely link to users, be reliable, and detect changes to messages [Section 38].
- Cryptography Providers: Cryptography service providers must register and meet security standards [Section 29, 30].
- Critical Database Protection: Critical databases must be identified, managed securely, and registered [Section 53-57].
⚠️ Consequences of Non-Compliance
Financial Penalties:
Fines determined by the court, potentially significant [Section 89].
Criminal Penalties:
Up to 5 years imprisonment for unauthorized access/interference with data [Section 86].
Regulatory Consequences:
Possible revocation of accreditation for non-compliant authentication providers [Section 39].
Reputational Harm:
Trust in an organisation and its brand can be significantly damaged, leading to the potential loss of customers, contracts, and licence eligibility.
✅ How ARMD.digital Helps You Comply
Product:
What it does:
Performs a safe, external scan of your public digital footprint to detect security weaknesses visible to attackers.
How it supports compliance:
- Helps maintain data integrity by identifying potential cybersecurity vulnerabilities [Section 14].
Product:
What it does:
Enforces domain-based email authentication to block spoofing, stop phishing, and boost email deliverability.
How it supports compliance:
- Supports authentication reliability and ensures the integrity of electronic communications [Section 38].
📚 Additional Resources
- South African Government: Electronic Communications and Transactions Act
- Michalsons: Guide to the ECT Act in South Africa
(Links verified and active as of June 2025)
Where appropriate, we link to Michalsons’ expertly maintained legal resources and plain-language explanations. We gratefully acknowledge their role in making South African legislation more accessible and understandable.