Cyber Act recognises electronic contracts and signatures

SOUTH AFRICA'S new Electronic Communications and Transactions Act holds promises and threats for all businesses which use e-mail or have a web site, says Michael White of Port Elizabeth-based Lexicon Attorneys. "Business will benefit because the law addresses the realities of commerce in the 21st century by recognising electronic contracts and electronic signatures. This will speed up business deals, both locally and internationally," says White, who is the only practising attorney in the Eastern Cape to have obtained a post-graduate Certificate in Electronic Law from the University of Cape Town's School of Professional Training. However, while electronic contracts and electronic signatures are now recognised in South African law, companies will still have to invest in internationally-recognised encryption technology and privacy policies in order to do business on the internet, he warns. "The combination of globally-recognised standards and local laws protects both parties. One of the provisions of the Act is that electronic documents may now be used as evidence in court, and those documents must be protected," he adds.