10 No. 23708 Act No. 25, 2002 GOVERNMENT GAZE‘ITE, AUGUST 2 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 CHAPTER XIV GENERAL PROVISIONS 90.Jurisdiction of courts 91. Saving of common law 92. Repeal of Act 57 of 1983 93.Limitation of liability 94. Regulations 95.Shorttitle and commencement 5 SCHEDULE 1 SCHEDULE 2 10 CHAPTER I INTERPRETATION, OBJECTS AND APPLICATION Definitions 1. In this Act, unless the context indicates ctherwise“addressee”, in respect of a data message, means a person who is intended by the originator to receive the data message, but not a person acting as an intermediary in respect of that data message; “advanced electronic signature” means an electronic signature which results from a process whichhas been accredited by the Authority as providedfor in section 37; “authenticationproducts or services”meansproducts or servicesdesigned to identify the holder of an electronic signature to other persons; “authentication service provider” means a person whose authentication products or services have been accredited by the Accreditation Authority under section 37 or recognised under section 40; “Authority” means the .za Domain Name Authority; “automated transaction” means an electronic transaction conducted or performed, in whole or in part, by means of data messages in which the conduct or data messages of one orboth parties are not reviewed by a natural person inthe ordinary course of such natural person’s business or employment; “browser” means a computer program which allows a person to read hyperlinked data messages; “cache” means high speed memory that stores data for relatively short periods of time, under computer control, in order to speed up data transmission or processing; “ccTLD” means country code domain at the top level of the Internet’s domain namesystemassignedaccording to the two-lettercodes in theInternational Standard I S 0 3 166-1 (Codes for Representation of Names of Countries and their Subdivision); “certification serviceprovider”meansa person providing an authentication product or service in the form of a digital certificate attached to, incorporated in or logically associated with a data message; “consumer” means any natural person who enters or intendsenteringinto an electronic transaction with a supplier as the end user of the goods or services offered by that supplier: “Consumer Affairs Committee” means the Consumer Affairs Committee established by section 2 of the Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988); “critical data” meansdata that is declared by the Minister in terms of section 53 to be of importance to the protection of the national security of the Republic or the economic and social well-being of its citizens; “critical database” means a collection of critical data in electronic form from where it may be accessed, reproduced or extracted; “critical database administrator” means the person responsible for the management and control of a critical database; 15 20 25 30 35 40 45 50