28 No. 37261 GOVERNMENT GAZETTE, 24 JANUARY 2014 3.4 E-services (including e-commerce) 3.4.1 Legislative and policy environment The 1999 Green Paper on e-Commerce and the Electronic and Communications and Transactions Act (ECTA) of 2002 highlighted the major areas of legislative and policy interventions in respect of e-commerce, cybercrime and cybersecurity. The ECTA further provided for the development of a three-year national e-strategy covering issues such as egovernment services, roles and responsibilities, coordination, monitoring and implementation of the national e-strategy, research and development, as well as international coordination. The ECTA provides for the building of trust and confidence in network infrastructure to ensure a secure information society. The law enables the authorities to tackle all basic types of cybercrime offences as well as operations and prosecution. The ECTA defines a number of conducts that constitute cybercrime, and establishes several procedures to enhance enforcement of the Act by law enforcement authorities. E-signature and e-transaction is covered in the ECTA of 2002. This legislation is a solid foundation that governs e-signatures and introduces basic principles, such as 'functional equivalence' of electronic and paper-based signatures. Provisions are based on United Nations Commission on International Trade Law (UNCITRAL) Model Law. The DoC is the accreditation body for e-signature service providers. Two service providers have been licensed: LAWtrust and SAPO. Online consumer and data protection in South Africa is currently based on the Electronic Communications and Transactions Act (ECTA), the National Credit Act (NCA), the Consumer Protection Act (CPA), and, in the future, the Protection of Personal information (POPI), which was recently signed into law. Provisions in this Act deal with data protection and govern conditions relating to the processing of personal information, based on OECD Guidelines. Act, In South Africa, as in other countries, copyright is dealt with through both national and international laws and agreements. Both approaches complement each other in order to ensure adequate recognition and protection of the rights of the copyright holders. The main international treaties to which South Africa is a signatory include the Berne Convention (1978), the Trade Related Aspects of Intellectual Property Rights (TRIPS) of the General Agreement of Trade in Services (GATS) (1995), the World Intellectual Property Origination Treaty (WIPO Treaty), and a number of other treaties administered by the WIPO such as the WIPO Performance and Phonograms Treaty. The current South African national legislation is covered in the Copyright Act of 1978 and amendments. The Department of State Security is finalising the National Cybersecurity Policy in which the issues of the protection of critical databases and critical infrastructure will be addressed. Currently the implementation of critical infrastructure protection is fragmented. Computer Emergency Response Teams (CERTs) and Computer Security Incident Response Team (CSIRT), and Cyber Security Emergency Response Teams (CSERTs) need to be established on a national level. They coordinate activities against cybersecurity threats, and ensure international cooperation. Public CERTs should be complemented with sector CERTS and private sector CERTS (for instance in the banking sector). Chapter Ten of the ECTA deals with the Domain Name Authority. It provides for the establishment of .zaDNA as a Section 21 company and its overall mandate is to manage and administer the .za namespace. Although the ECTA provides for the appointment of Cyber-inspectors to monitor online content with regard to compliance with national legislation, there are currently no cyber-inspectors appointed by the DOC to check whether cryptography service providers are compliant with the law, or that authentication service 24 This gazette is also available free online at www.gpwonline.co.za