Preparing for the new Cybercrimes Act: How to manage and avoid cybercrimes
The Cybercrimes Bill became the Cybercrimes Act on 1 June 2021 and so companies and individuals will need to be aware of the changes before the commencement date is announced.
Some surprising changes include: criminal charges for forwarding nude images; new powers for the police and the reversal of onus (eg: you need to prove why you have passwords) mean that you need to have an in-depth knowledge of what the Cybercrimes Act means for you.
While there is an urgent need for the Cybercrimes Act, the real trick is how it would be implemented and policed. Together with laws like the Protection of Personal Information Act, the Cybercrimes Act will make a big impact in 2021-2022.
Cybercrime can be defined as "any form of criminal activity involving the use of computers and the Internet", and is also referred to as computer crime, electronic crime, e-crime, netcrime, and hi-tech crime. Procedural laws in South Africa have not kept pace with the more intrusive and complex investigative measures which are needed to investigate cybercrime.
Join us for an nine-hour course, held over two days, for an in-depth exploration of what this legislation means for you.
When and where?
2 to 3 November 2021, 9:00 to 13:30 SAST
This course will be held remotely, most likely on Zoom - exact details will be sent to registered participants a few days before the course.
The course will take place over two days.
Topics to be covered include:
- What are the offences and penalties imposed by the Act?
- How is the distribution of malicious communications criminalised?
- How are interim protection measures provided for?
- How is jurisdiction for the transnational dimension of cybercrimes provided for?
- How are the powers to investigate cybercrimes regulated?
- How are cross border investigations of cybercrime dealt with?
- What obligations are imposed on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes and to report cybercrimes?
- What structures are to be established to promote cybersecurity and capacity building?
- How should you respond to a search warrant?
- Rules of thumb: training for your staff.
Who will benefit from this course?
- Attorneys, advocates and legal advisors
- People involved with IT (or POPIA) regulatory compliance
- All electronic communications service providers
- Financial institutions
- Representatives from various government departments
Paul Esselaar is a practising attorney and notary at Esselaar Attorneys and is a non-executive director of Novation Consulting (Pty) Ltd, a legal compliance company. Along with Elizabeth de Stadler, he has written A Guide to the Protection of Personal Information (Juta, 2015) and provides regular updates on IT-law related issues for the Consumer Law Review. Paul is currently involved in several court cases involving electronic evidence as well as cyberbullying, and is a regular lecturer at UCT Law@work on consumer law issues (including POPI, the NCA and the CPA). He is currently an appeal adjudicator for the Wireless Application Service Providers Association (WAS PA) and the Internet Services Providers Association (ISPA). He is an associate for Research ICT Solutions and a director of Kentreul (Pty) Ltd a company that sells biometric devices which integrate into business processes. Paul holds a BA, LLB, as well as a LLM in information technology law.
Dominic Cull has extensive experience in advising on the commercial and regulatory aspects of new technology, broadcasting, and electronic communications ventures for local and international companies and policy and regulation in the ICT and telecommunications sectors, having spent 14 years advising the public and private sector on ICT legal issues. Dominic is involved at all stages of the communications law and regulation-making process and liaises closely with, inter alia, the lndependent Communications Authority of South Africa (ICASA), the Department of Communications, the Department of Justice and Constitutional Development, SAPS Cybercrime Division, National Gambling Board, Department of Telecommunications and Postal Services, Portfolio Committee on Telecommunications and Postal Services and the Film and Publications Board on an ongoing basis. Dominic holds a B.Bus.Sci, an LLB, and an LLM in information communication technology.
R2,250 per person.
A certificate of attendance from UCT will be issued to those who attend the full two sessions of the course.
How to sign up
Complete and submit the registration form. You will then be given the payment information. Please note that registrations will not be accepted until payment has been made.
One or two days before the course, we will send you the Zoom link. You will need to register and use a password to enter the virtual classroom.
Registrations close three days before the course starts.
Download the brochure.
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