Catalog / Is a crypto-asset provider / LXD-8218

Is a crypto-asset provider, in South Africa

Each law's tag says when it binds: since in force from a date not yet set not yet in force

National Credit Act, registration and duties of credit bureauxsince 7 lines

National Credit Act 34 of 2005, ss. 43, 68, 70 and 72 (credit bureaux) · Read the law's page

  • Register as a credit bureau before you offer or conduct business as one, or hold yourself out as authorised to offer any service customarily offered by a credit bureau.
  • Protect the confidentiality of the consumer information you receive, compile, retain or report, use it only for a purpose the Act, other national legislation or applicable provincial legislation permits, and release it only to the consumer, as the law permits or requires, as the consumer instructs, or by order of a court or the Tribunal.
  • Take reasonable steps to verify the accuracy of the consumer credit information reported to you, and do not knowingly or negligently provide a report that contains inaccurate information.
  • Accept without charge the consumer's own filing of consumer credit information to correct or challenge what you hold about that consumer, and promptly expunge any prescribed information that is not permitted in your records.
  • Receive, compile and report only consumer credit information the Act or the regulations allow, and receive it only from the persons the regulations prescribe.
  • Let a person inspect their file without charge once within any period of twelve months, and when a person challenges information you hold, seek evidence for it and, within the prescribed time, provide the evidence or remove the information and all record of it.
  • Do not report information that a person has challenged until the challenge has been resolved.
Cybercrimes Act, Duty to Report Cybercrime Offences to the Policefrom a date not yet set4 lines

Cybercrimes Act 19 of 2020, s. 54 · Read the law's page

  • Section 54 of the Cybercrimes Act is not yet in operation: the proclamation that brought most of the Act into operation on excluded it, and the duty below binds only once it is proclaimed and the Cabinet member responsible for policing has prescribed the offences to be reported.
  • This binds an electronic communications service provider, being a person who provides an electronic communications service under a licence issued under the Electronic Communications Act, 2005 (or who is deemed licensed or exempt) or a person with lawful authority to control the operation or use of a licence-exempt private electronic communications network used primarily for providing electronic communications services for the owner's own use, and a financial institution as defined in the Financial Sector Regulation Act, 2017 (reached by declaring that you provide telecom services or financial services).
  • When you become aware that your electronic communications service or network is involved in an offence in Part I of Chapter 2 of the Act that the Cabinet member responsible for policing has prescribed, report the offence to the South African Police Service in the prescribed form and manner without undue delay and, where feasible, not later than 72 hours after becoming aware of it (section 54(1)(a)).
  • Preserve any information which may be of assistance to the South African Police Service in investigating the offence (section 54(1)(b)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 3,
    • Cybercrimes Act, Duty to Report Cybercrime Offences to the Police: 1 line reworded
  2. Revision 2,
    • National Credit Act, registration and duties of credit bureaux added
  3. Revision 1, : the entry was first published.

See also

Page updated .