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PODCAST · 23 SEPTEMBER 2021

Market Intelligence Thought Leadership Award Winner

Data Breaches And The Interplay Between POPIA, ECTA And The Cybercrimes Act (Podcast)

If your organisation is faced with a cybercrime or data breach, it is imperative that you have a clear, effective and robust plan on hand to deal with these incidents.

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If your organisation is faced with a cybercrime or data breach, it is imperative that you have a clear, effective and robust plan on hand to deal with these incidents. The plan needs to consider the interaction between the Electronic Communications and Transactions Act 35, 2005 (“ECTA”), the Cybercrimes Act 19, 2020 (“Cybercrimes Act”) and the Protection of Personal Information Act 4, 2013 (“POPIA”). Let's unpack below:

ECTA  

ECTA aims to give functional equivalence to electronic transactions by ensuring that, generally, such transactions have the same status as physically concluded transactions. ECTA is a law of general application which applies to transactions which are concluded electronically or by way of data messages. Of relevance to data breaches, chapter XIII of ECTA deals with cybercrimes and regulates unauthorised access to, interception of or interference with data. Sections 85, 86, 87 and 88 create a number of cybercrime offences. These include a

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