40
Provision of
encryption
services
Electronic Transactions
No. 33
to suspend or revoke the certificate if the private key corresponding
to the public key listed in the certificate has been compromised.
67.__(1) A person who provides encryption services shall declare
to the Authority the technical characteristics of the encryption
means as well as the source code of the software used.
(2) Regulations made under this Act shall define the conditions
for making declarations referred to in subsection (1), and may
define encryption services whose technical characteristics or
conditions of supply are such that, with regard to national defence
or internal security interests, their provision shall not require any
prior formality.
(3) An encryption services provider shall be bound by professional secrecy.
Administrative
sanctions
Appointment
of cyber
inspectors
(4) Unless it is proved that no intentional wrongful conduct or
negligence was involved, a provider of encryption services for
confidentiality purposes shall be liable, notwithstanding any
contractual provision to the contrary, for the damage suffered by the
persons that entrusted the management of their confidential
conventions to them in case of violation of the integrity, confidentiality or availability of the data object of such convention.
68.__(1) Without prejudice to applicable criminal sanctions,
where a supplier of encryption, including free of charge encryption,
does not comply with its obligations under this Act, the Authority
may, after having given the supplier the opportunity to give its
observations, prohibit the distribution of the concerned encryption.
(2) The prohibition of distribution shall entail an obligation for
the supplier to withdraw__
(a) from distribution networks, the prohibited encryption; and
(b) materials constituting encryption whose distribution has
been prohibited and that have been acquired against payment
directly or through distribution networks.
69.__(1) The Authority shall appoint any person as a cyber
inspector to perform the functions provided for in this Part for a
term of two years, renewable for another term of two years.
(2) A person may be appointed as a cyber inspector if that
person__
(a) is a citizen and a resident of Malawi;
(b) possesses qualifications, expertise and experience in any
fields of communications technology, law, economics or finance;
and
(c) is an individual who is committed to fairness, openness,