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Cybercrimes Bill signed
Cybercrimes
Bill signed
The Cybercrimes Bill has been signed by the President – known as the Cybercrimes Act 19 of 2020, it is a welcome move in the fight against the ever-increasing rise in online and internet-based crime. Although signed into law, the Cybercrimes Act (or different sections of it) will only come into operation on a date(s) to be announced by the President. It is not clear when these dates will be announced.
By Peter Grealy, Nozipho Mngomezulu, Karl Blom & Wendy Tembedza, Webber Wentzel
Cybercriminals will (hopefully) feel the ramifications of this new law, which criminalises various types of cybercrimes, including illegally accessing a computer system or intercepting data, cyber fraud, cyber forgery, unlawfully acquiring a password or access code, cyber extortion, and theft of incorporeal (intangible) property. The wide ambit of jurisdiction created by the Cybercrimes Act means that South African courts will have the power to try persons that are not South African citizens, as well as persons that commit crimes in other countries, where this affects a person or business in South Africa.
The National Commissioner of the South African police Services (SAPS) is required to establish or designate an office within existing structures of the SAPS, to be known as the ‘designated point of contact’. This office will be responsible for assisting with proceedings or investigations into a cybercrime. The SAPS is given extensive search and seizure powers under the Cybercrimes Act, including, in some instances, the power to search and seize without a search warrant. official or investigator in carrying out a search and seizure. Electronic communications service providers and financial institutions will need to have processes and policies in place to ensure compliance with the Cybercrimes Act, including in relation to the preservation of data and preservation of evidence in the event that its electronic communications service
or electronic communications network is involved in
the commission of a cybercrime.
Contact Webber Wentzel’s dedicated team of cybercrime experts to support your business with understanding the Cybercrimes Act and ensuring compliance.
Important to know the reporting and other obligations imposed under the Cybercrimes Act
It is particularly important for electronic communications service providers and financial institutions to familiarise
themselves with the reporting and other obligations imposed on them under the Cybercrimes Act. These obligations include, for example, reporting a cybercrime involving their electronic communications service or electronic communications
network to the SAPS within 72 hours of becoming aware of it; and providing technical and other assistance to a police Nozipho Mngomezulu, Webber Wentzel Wendy Tembedza, Webber Wentzel
Peter Grealy, Webber Wentzel Karl Blom, Webber Wentzel
