No. 33 5 Electronic Transactions PART I__PRELIMINARY PROVISIONS 1. This Act may be cited as the Electronic Transactions and Cyber Security Act, 2016, and shall come into operation on such date as the Minister may appoint, by notice published in the Gazette. 2. In this Act, unless the context otherwise requires__ “Authority” means the Malawi Communications Regulatory Authority established under section 3 of the Communications Act; “CCTLD” means the Country Code Top Level Domain which is at the top level of the internet domain name, system assigned according to the two letter codes in the international standards ISO3166–1 by ICANN; “certification authority” means a trusted third party organization or company licensed or authorized by the Authority to issue digital certificates used to create digital signatures and public-private key pairs; “child pornography” means visual and pornographic material that depicts, presents or represents a person under the age of eighteen engaged in sexually explicit conduct or an image representing a person under the age of eighteen engaged in sexually explicit conduct; “comparative advertising” means any advertising which explicitly or impliedly identifies a competitor, or goods or services offered by a competitor; “computer system” means a device or a group of interconnected or related devices, one or more of which performs automatic processing of data pursuant to a program; “consumer” means any person who enters or intends to enter into a contract by electronic means with a supplier as the end-user of the goods or services offered by the supplier and acts, for that purpose, outside his trade, business or profession; “content provider” means a person or organization who supplies information for use on a website or an electronic media platform; “critical data” means data which is declared by the Minister in accordance with this Act, to be of importance to the protection of national security of the Republic or the economic and socio well being of its citizens; “cryptography “ means the method of storing and transmitting data by transferring it into unreadable format so that only those for whom it is intended can process and read it; Short title and commencement Interpretation Cap 68:01

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