In today’s interconnected world, the legal landscape surrounding cybersecurity and data privacy is constantly evolving and becoming increasingly complex.
For businesses of all sizes, safeguarding sensitive information, ensuring regulatory compliance, and responding effectively to cyber threats are no longer just IT concerns, they are critical legal imperatives.
The Cybercrimes Act 19 of 2020 (Cybercrimes Act) was signed into law in June 2021 and came into force on 1 December 2021. The Cybercrimes Act imposes significant responsibilities on electronic communications service providers and financial institutions. These entities must notify the South African Police Service within 72 hours of learning that their computer systems have facilitated a cybersecurity incident classified as an offence under the Act. Furthermore, they are mandated to safeguard any information pertinent to the subsequent investigation. Failure to adhere to this reporting and preservation duty is itself a criminal offence, attracting potential monetary penalties.
The Act also establishes a range of other cyber related crimes. It penalises the dissemination of malicious data messages, including those that incite or threaten violence or property damage, or distribute intimate images without consent. “Data” under the Act is broadly interpreted as “electronic representations of information in any form.” Additional offences include cyber fraud, extortion, forgery, and the theft of intangible assets. Unauthorised access to computer systems, data storage media, or personal data is also criminalised. Conviction for these cybersecurity offences can lead to substantial fines and considerable prison terms, potentially as long as 15 years.
Our dedicated Cybersecurity Law department offers sophisticated legal counsel and pragmatic solutions to help your organisation navigate this challenging terrain. As a mid-sized firm, we pride ourselves on providing personalised, partner-led service, ensuring you receive the focused attention and tailored strategies your unique situation demands. We understand the operational realities of businesses like yours, and are committed to delivering effective legal protection that aligns with your commercial objectives.
