Cyber Security and Data Protection contractor who violates the provisions of this Act shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (2) Any data controller, his or her representative, agent or assignee who contravenes section 11, 18(4), 24 and 28 shall be guilty of an offence and liable to a fine not exceeding level eleven or to imprisonment for a period not exceeding seven years or to both such fine and such imprisonment. (3) Upon conviction by a Court of competent jurisdiction the Court may order the seizure of the media containing the data to which the offence relates, such as manual filing systems, magnetic discs or magnetic tapes, except for computers or any other equipment, or the deletion of the data. 5 10 (4) Seizure or deletion may be ordered where the media containing the data does not belong to the person convicted. (5) The objects seized in terms of this section shall be destroyed. (6) The controller or his or her representative shall be liable for the payment of the fines incurred by his or her agent or assignee. 34 15 Appeals (1) Any person aggrieved by the decision of the Authority may appeal to the Administrative Court. PART XII Consequential Amendments 35 20 Amendment of Chapter VIII of Cap. 9:23 (1) The Criminal Law (Codification and Reform) Act [Chapter 9:23] (hereinafter called the “principal Act”) is amended in section 162 by the repeal of the definitions of “computer virus”, “data”, “essential service” and “owner” and the substitution of the following definitions— ““access provider” means any person providing— (a) an electronic data transmission service by transmitting information provided by, or to, a user of the service in a communication network; or (b) access to a communication network; “caching provider” means any person providing an electronic data transmission service by automatic, intermediate or temporary storage of information performed for the sole purpose of making the onward transmission of data to other users of the service upon their request more efficient; “child” means any person under the age of eighteen years; “child pornography” means any representation through publication, exhibition, cinematography, electronic means or any other means whatsoever, of a child engaged in real or simulated explicit sexual activity, or any representation of the sexual parts of a child for primarily sexual purposes; “computer device” means any portable and non-portable electronic programmable device used or designed, whether by itself or as part of a computer network, a database, a critical database, an electronic 18 25 30 35 40 45