STAATSKOERANT, 24 JANUARIE 2014 No. 37261 the need for faster adoption of e-commerce by individuals, enterprises and governments. It outlined the legal foundation for e-commerce; identified key issues regarding the validity, recognition and enforcement of electronic contracts and highlighted issues of intellectual property protection requirements, for instance, raising awareness regarding the implementation of copyright, trademark and patent protection in an electronic environment. The promulgation of the Electronic Communications and Transactions Act (ECTA) two years after the publication of the Green Paper on e-commerce, laid the legal framework for consumers, businesses and government to conduct and use electronic transactions in a safe, secure and effective environment. The ECTA further provided for the development of a national e-strategy, and promoted universal access to electronic communications and transactions and the use of electronic transactions by SMMEs. 6.4 Cybersecurity 6.4.1 Background The objective of cybersecurity is to reduce cybersecurity risks, to minimise successful cybersecurity attacks, and to build trust in and security of the internet. Cybersecurity includes the application of information security standards, the definition of appropriate cybersecurity organisations and the education of internet users. Big and small enterprises, governments, as well as private internet users are facing similar threats in cyberspace. Countries are setting up national cybersecurity strategies in order to protect their citizens, economy and environment. Critical infrastructure like telecommunications networks, power networks, (nuclear) power plants, and industrial complexes are potential targets of cyber attacks, which could have devastating consequences if not adequately countered. To counter this threat, countries are setting up Computer Emergency Response Teams (CERTs) and Computer Security Incident Response Teams (CSIRTs). The CERTs and CSIRTs coordinate planned and ad-hoc activities against threats to cybersecurity and ensure that there is international cooperation in this area. 6.4.2 The current legal and regulatory framework for cybersecurity The legal framework for cybersecurity matters is the ECTA of 2002. The ECTA provides for, inter alia, the following: Regulation of Public Key Infrastructure (PKI) and authentication and accreditation for electronic signatures; Legal, technical and operational framework for e-signature usage; Categories of electronic signatures; Preferred Authentication Service provider for government, namely the South African Post Office Trust Centre; Establishment of the South African Accreditations Authority; and Appointment of cyber-inspectors. South Africa is also a signatory to international treaties such as the Budapest Convention and the SADC Model Law. The Budapest Convention remains the only international agreement that addresses cybercrime and is aimed at harmonising national laws and establishing international cooperation against cybercrime. 47 This gazette is also available free online at www.gpwonline.co.za 51

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