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Be in the know: The

Cybercrimes Bill

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• Much ado about nothing?

• Categories of Cybercrimes

• Offences under the Cybercrimes Bill (Act. No 19 of 2020)

• Important Considerations for Organisations

• Closing Remarks

On the Roll Today…

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Much ado about nothing?

• Cybersecurity and cybercrime are two parts of the same coin

• Contribution to e-commerce

• Cybercrimes Bill provides for new offences not previously contained in the Electronic Communications and Transactions Act, No. 25 of 2002

• Knowing when a cyber incident is a cybercrime

• To report, or not report

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Categories of Cybercrime

ICT is the Target of the Offence ICT is Part of the Modus Operandi Content-related Offences

• Offences against the confidentiality, integrity and availability (CIA) of computer data and systems - crimes that are committed using computers, computer networks or other forms of ICT

• Traditional crimes facilitated by the use of digital technology, internet, digital devices (computer-related offences)

• Involves illegal content• Child abuse (wider than child

pornography)• Publication of false information

(cyber forgery and uttering, fraud)

• Malicious communications

• When ICT is the target of the offence, this cybercrime negatively affects the CIA computer data or systems

• When the ICT is part of the modus operandi, the cybercrime involves a traditional crime (e.g., fraud and theft) facilitated in some way by the internet and digital technologies

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Part I: Chapter 2

(2) Unlawful access

(3) Unlawful interception of data

(4) Unlawful acts in respect of software or hardware tool

(5) Unlawful interference with data or computer program

(6) Unlawful interference with a computer data storage medium or computer system

(7) Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device

Crimes under the Cybercrimes Bill

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Part I: Chapter 2

(8) Cyber Fraud

(9) Cyber Forgery and Uttering

(10) Cyber Extortion

(11) Aggravated Offences

(12) Theft of Incorporeal Property

Part II, Chapter 2

(13) – (16) Malicious Communications

Crimes under the Cybercrimes Bill

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• Section 34: Person in control at electronic communications service provider, financial institution or other person (besides the suspect) must provide technical or other assistance to police official or investigator in order to search for, access or seize an article. Failure can result in criminal prosecution.

• Section 54: Obligations of electronic communications service providers and financial institutions:• Must report certain instances of cybercrime (Part I, Chapter 2)• Report within 72 hours to SAPS• Preserve any information that would be of assistance• Failure to comply: criminal sanctions/fine not exceeding R50 000.00• Does not impose additional obligation to monitor and actively seek facts or

circumstances that indicate criminal activity.

Important Considerations for Organisations

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• Could result in dual reporting obligations

• Provisions of section 34 of the Chapter 2 of the Prevention and Combating of Corrupt Activities Act, No. 12 of 2004

• Important to study the Bill and have an understanding of the offences

• Cybercrimes Bill contributes to effective and efficient e-commerce

• Stresses the need and importance of public private partnerships in addressing cybercrime.

Closing Remarks

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Q&A Session

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Thank you for joining us for today's webinar.

Contact Adv. Jacqueline Fick via LinkedIn or jacky@vizstratsolutions.com

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