🧾 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

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