Financial Service Provider has to pay back customer who was hacked

By Rosalind Lake (ZA) and Priyanka Naidoo on March 22, 2020 Posted in General

On 18 March 2020 the Supreme Court of Appeal found that funds were improperly transferred by a financial services provider (FSP) when it received fraudulent instructions from a hacker posing as its client because there was no signature on the instruction as required by the mandate. The FSP therefore acted without receiving proper instructions and … Continue reading

SCA: When is an electronic signature a signature?

By Rosalind Lake (ZA) and Priyanka Naidoo on March 22, 2020 Posted in General

A signature communicated through an electronic medium like email correspondence is not a binding signature unless agreed to by the parties. In the absence of such agreement, a signature will only be valid if it appears in manuscript form regardless of the medium of communication. When entering into contracts, explicit provision must be made regarding … Continue reading

Type Approval Exemptions

By Tatum Govender (ZA) on November 21, 2016 Posted in General

The Type Approval Regulations 2013 were promulgated in terms of section 35(1) of the Electronic Communications Act 2005 (ECA). The regulation requires that any type of electronic communications equipment or facility that is used, or will be used, in connection with the provision of electronic communications (Equipment) must be approved by the Independent Communications Authority … Continue reading