MEMORANDUM This Bill seeks to make provision for the establishment of the Malawi Computer Emergency Response Team (Malawi CERT); for the appointment of cyber inspectors; for the development and enforcement of cybersecurity standards; for the designation and registration of critical information infrastructure; and for the reporting of cybersecurity incidents. The Bill is divided into seven Parts. Part I provides for preliminary matters, namely; short title and commencement, the interpretation of key words and terms used in the Bill, the objectives and principles of the Act, and the application of the Act. Part II provides for the establishment of the Malawi CERT, as a unit under the Authority, and generally responsible for preventing, responding to, managing, and mitigating cybersecurity incidents. The Part also provides for the specific functions of the Malawi CERT, classification of incidents, and the establishment and functions of sectoral CERTs. The Part further provides for interagency coordination and international cooperation. Part III provides for the appointment of cyber inspectors, and functions and powers of the cyber inspectors. The Part also provides for offences against cyber inspectors, including the offences of hindering and obstructing cyber inspectors. Part IV makes provision for the development, establishment and adoption of standards, by the Authority, in the cybersecurity space for purposes of governance and risk management. The Part also provides for the issuance, by a cyber inspector, of a certificate of compliance where the cyber inspector is satisfied that the standards set by the Authority have been met. Part V makes provision for the designation, by the Minister, of a computer system or computer network as a critical information infrastructure if the Minister considers that the computer system or computer network is essential for national security or the economic and social 2

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