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🧾 Overview
Name: National Credit Act (NCA)
Act no: 34 of 2005
Effective Date: 1 June 2007
Type: Rules-based
Regulator: National Credit Regulator (NCR)
Purpose: To promote a fair, transparent, and accessible credit market by regulating consumer credit and protecting consumers from unfair practices.
👥 Who Does This Affect?
Direct Applicability:
Credit providers, Credit bureaux, Debt counsellors, Payment distribution agents, Alternative dispute resolution agents, Consumers.
High Impact On:
Financial institutions, retail credit providers, and entities involved in processing consumer credit information.
📋 Key Requirements Relating to Cybersecurity
- Confidentiality Obligations: Credit bureaux must protect the confidentiality of consumer credit information and ensure its security against unauthorized access. [Section 68]
- Data Accuracy and Integrity: Credit bureaux are required to take reasonable steps to verify the accuracy of consumer credit information and maintain records in a manner that ensures their integrity. [Section 70(2)(c)]
- Security Measures: Credit bureaux must maintain records of consumer credit information in a manner that satisfies prescribed standards, including protection against loss, unauthorized access, and unlawful destruction. [Section 70(2)(e)]
- Prohibition on Unauthorized Information: Credit bureaux are prohibited from receiving, compiling, or reporting information not permitted under the Act. [Section 70(2)(f)]
- Retention and Expungement: Consumer credit information must be retained only for prescribed periods and must be expunged when no longer permitted to be held. [Section 70(2)(g)]
- Access and Correction Rights: Consumers have the right to access their credit information and request corrections of inaccuracies. [Section 72(1)]
⚠️ Consequences of Non-Compliance
Financial Penalties:
The National Credit Regulator may impose administrative fines for non-compliance, which can be up to 10% of the annual turnover of the credit provider during the preceding financial year. [Section 151(3)]
Criminal Penalties:
Certain contraventions of the Act may constitute offenses, leading to criminal prosecution and penalties. [Section 160]
Regulatory Consequences:
The National Credit Regulator may suspend or cancel the registration of a credit provider or credit bureau for failure to comply with the Act. [Section 57]
Reputational Harm:
Non-compliance can lead to public censure, loss of consumer trust, and negative publicity, adversely affecting the organization’s reputation and business operations. [Section 150]
✅ 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:
- Identifies potential unauthorized access points, aiding in the protection of confidential information. [Section 68]
- Assists in verifying the integrity of systems used to maintain consumer credit records. [Section 70(2)(e)]
Product:
What it does:
Enforces domain-based email authentication to block spoofing, stop phishing, and boost email deliverability.
How it supports compliance:
- Ensures secure communication channels, protecting against unauthorized access to consumer credit information. [Section 68]
- Maintains the integrity of electronic communications related to consumer credit data. [Section 70(2)(e)]
📚 Additional Resources
- Department of Justice: Link to the Act
- Information Regulator: Code of Conduct for Credit Bureaux
(Links verified and active as of May 2025)