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HIPSSA Project. Support for Harmonization of the ICT Policies in Sub-Sahara Africa, Workshop on the SADC Harmonized Legal Framework for Cyber Security Gaborone Botswana 27 th February-3 rd March 2012. Presentation on e-transaction and e-commerce assessment Report

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hipssa project

HIPSSA Project

  • Support for Harmonization of the ICT Policies in Sub-Sahara Africa,
  • Workshop on the SADC Harmonized Legal Framework for Cyber Security Gaborone Botswana 27th February-3rd March 2012
  • Presentation on e-transaction and e-commerce assessment Report
  • Présenter: Adam Mambi, Régional Légal Expert on e-transaction& e-Commerce
summary of the content

Background /Introduction

Executive Summary

review and Analysis of National Legislation on E-Commerce and Electronic Transaction of SADC Member States (15 Countries)

Key Legal issues to be discussed

Summary of the Content
5 key legal issues to be discussed

Definitions

  • Legal effect of electronic communications
  • Legal recognition of electronic documents
  • Requirements of writing
  • Electronic Signature
  • Cryptography providers for digital signatures
  • Legal recognition of original information
  • Electronic contracts
  • Time and place of communications
  • Admissibility and evidentiary weight of electronic communications
  • E-government services
  • Consumer Protection
  • Consumer Protection
  • Service Provider Liability
5.Key Legal issues to be discussed
summary of the content1

5) Comparative Law Analysis (15 Countries)

6) Comparative with Best Practices and Regional Trends

7) General Assessments of Regional Texts

8)Summary of Assessment of Regional Texts

9)Conclusion and recommendations

10)Summary Chart of results of this comparative analysis/Key Elements and Status

Summary of the Content……
1 background

What is e-transaction?

  • -transactions conducted electronically e.g. communications, Govt services online etc
  • E-transaction may include e-commerce, m-commerce, e-signatures, etc
  • What is e-commerce?
  • use of electronic systems to engage in commercial activities-B2B, B2C, C2C, C2G
  • use of production information in electronic forms instead of paper, for business or government operations
1.Background
executive summary

Purpose-to provide an analysis of the key issues and common principles reflected in ICT regulatory and legislative frameworks relating to e-commerce and electronic transactions in the SADC Member States

Review of laws to identify relevant trends and key issues on e-commerce and electronic transactions

provide the basis for comparison with other countries within SADC, and eventual gap analysis to facilitate harmonization of policies and laws

Relevant Laws are identified and highlight key legal issues that facilitate e-commerce as compared to international and other regional best practises.

Executive Summary
brief observation from the study situation analysis

The study reveals that only few HIPSSA beneficiary countries in SADC that have some laws or provisions either directly or indirectly recognize electronic transactions and e-commerce.

Countries:

The Republic of South Africa,

Mauritius

Seychelles

Zambia

Brief observation from the study(situation analysis)
other countries with e transaction and e commerce related laws

1. Countries with Draft Laws/Bills on e-transaction and e-commerce related laws

Namibia

2. Countries with some related Laws:

Botswana, Zimbabwe, Tanzania,

Other Countries with e-transaction and e-commerce related laws
slide9

The Republic of Angola-No Law

  • Related Law: The Basic Telecommunications Law

2) The Republic of Botswana-No Law

  • Related Laws: Consumer Protection Act of 1999, The Telecommunications Act, 1996, Cybercrime and Computer Related Crimes, Chapter 08:06

3)Democratic Republic of Congo (DRC)-No Law

4)The Kingdom of Lesotho-No Law

  • Related Laws: Telecommunications Authority Act 2000

5)The Republic of Madagascar-No Law

6)The Republic of Malawi-No Law

  • Related Laws: Telecommunications Act, 1998

7) The Republic of Mauritius- Comprehensive Laws on e-transaction & ecommerce: (1) The Electronic Transactions Act . Addressees key issues related to e-transactions & e-commerce

Review and Analysis of National Legislation on E-Transaction and E-Commerce and of SADC Member States (15 Countries)
slide10

(1) The Electronic Transactions Act 2000-Mauritius: Adequately provides key issues on e-transactions and e-commerce

  • (2) The Data Protection Act, 2004
  • -No specific law on consumer protection

8) The Republic of Mozambique-No Law

  • Related laws: The Telecommunications Act (Law 22/92

9) The Republic of Namibia-No Law but has Bill on Use of Electronic Transactions and Communications since 2010.

  • Related laws: Payment System Management Act, 2003 (Act No. 18 of 2003)

10) The Republic of Seychelles: Comprehensive Laws on e-transaction & ecommerce: (1) The Electronic Transactions Act 2001. Addressees key issues related to e-transactions & e-commerce

slide11

11)The Republic of South Africa-Comprehensive Laws on e-transaction & ecommerce: (1) The Electronic Transactions Act 2001.

Addressees key issues related to e-transactions & e-commerce including Consumer Protection

Related laws: Consumer Protection Act,

12) The Kingdom of Swaziland-No Law

13) The United Republic of Tanzania-No Specific Law:

Related Laws: Electronic and Postal Communications Act,2010.

Tanzania Communications Regulatory Authority Act, 2003

Miscellaneous Amendments Act, 2007

slide12

The Republic of Zambia-Comprehensive Law on e-transaction & ecommerce: (1) The Electronic Transactions Act 2001.

Addressees key issues related to e-transactions & e-commerce including Consumer Protection

The Republic of Zimbabwe-No Specific Law

Related Laws: (1)The Postal and Telecommunications Act 2000 (2) the Interceptions of Communications Act, 2008 (3) Access to Information and protection of Privacy Act, 2004

general assessments and comparative analysis of regional texts

Assessment has been based on best practises.

Generally, four countries namely Mauritius, Seychelles, South Africa and Namibia has specific laws that address key issues on e-transactions and e-commerce. The frameworks provide for comprehensive language utilised to effect policy best practice

However, the laws in Mauritius and Seychelles do not have specific provisions on consumer protection online.

The Law in Seychelles do not have specific provisions admissibility of electronic evidence

General Assessments and comparative analysis of Regional Texts
slide14

Unlike other jurisdictions under SADC Member States, The Republic of South Africa and Zambia have clearly addressed consumer or customer protection provisions of a “cooling off” period within which consumers may withdraw the online contract without penalty

The Republic of Namibia has the Draft Bill with provisions that recognizes key issues on e-transactions and e-commerce

best practices on electronic transactions and electronic commerce in sadc

The review of national legalisation from fifteen SADC Member States has observed some divergences and similarities on the key issues related to electronic transactions and electronic commerce

Some of these issues analysed include: Definition of key terms, E-signatures, E-contracts, Electronic-communications, E-evidence, consumer protection, Intermediaries and Telecommunications Providers

While some few countries have legislation that address the above issues other courtiers do not have legislation.

Additional, even the countries that were found having legislation on electronic transactions and e-commerce, have differently addressed key issues

BEST PRACTICES ON ELECTRONIC TRANSACTIONS AND ELECTRONIC COMMERCE IN SADC
best practises that can be learnt from countries that have laws on e transactions and e commerce

Countries: Republic of South Africa, Zambia, Mauritius and Seychelles

Legislation/Laws from the Republic of South Africa and Zambia can be used as best practises in the sense that all issues related to cyber security such as e-transaction, e-commerce, cyber crimes, data protection and consumer protection are all provided in one law.

Definition key concepts elements: there are some unique definitions from other countries legislation that can be regarded as best practises

Best practises that can be learnt from countries that have laws on e-transactions and e-Commerce
slide17

e-government: While Republic of South Africa, Zambia and Mauritius have the provision on e-government services, the Republic of Seychelles has used the word electronic governance which is wider than e-government.

The legislation of Seychelles can be used as best practice by other countries.

e-signature: Mauritius has the best provision of law on electronic signatures that any other country in the region.

Zambia has unique provision on the use of advanced electronic signatures

Consumer protection: The Republic of South Africa and Zambia have clearly addressed consumer

E-contracts: Mauritius All elements of electronic contracts are best addressed . The Electronic Transaction Act, 2000 has gone further by providing for declaration of intent of parties in agreement under electronic environments.

conclusion

Assessment of laws have been made in 15 SADC Members States

Only four Countries were found having specific Laws on e-transactions and e-commerce. These are Mauritius, Seychelles, South Africa and Zambia

Other Countries have Bills or developing cyber laws

THANK YOU: ADAM MAMBI

Conclusion
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