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Trading restrictions

SOUTH AFRICA

Since 2002

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
Electronic Communications and Transactions Act 2002 - Section 13
The Electronic Communications and Transactions Act regulates electronic signatures, and electronic documents valid in court with the intention of facilitating for e-commerce. A report by the US Trade Representative, however, criticized the law for imposing burdensome regulations, such as government accreditation for certain electronic signatures and requirements of disclosures that retailers have to state on their website.
Coverage Horizontal
Trading restrictions

SOUTH AFRICA


Chapter Standards  |  Sub-chapter Product safety certification (EMC/EMI, radio transmission)
Certification requirement
South Africa's National Regulator for Compulsory Specifications (NRCS) requires a Letter of Authority for product safety and Certificate of Conformity for Electromagnetic Compatibility for some telecommunications equipment, some radio equipment and information technology equipment.

Approval is typically issued based on foreign standard test reports that demonstrate compliance with South African technical standards.Telecommunication line terminal equipment (TLTE) is subject to type approval by ICASA (the regulator for the South African communications sector.)
Coverage Certain telecommunications equipment, radio equipment and information technology equipment.
Restrictions on data

SOUTH AFRICA


Chapter Content access  |  Sub-chapter Censorship and filtering of web content
2013 Broad-based Black Economic Empowerment Act

Electronic Communications and Transactions Act of 2002
All licensees in the telecommunication sector must be either South African citizens, or entities registered in South Africa with their principal place of business located in South Africa.

Section 9(2)(b) of the Electronic Communications Act requires the telecommunication regulator ICASA to prescribe Black Economic Empowerment (BEE) shareholding thresholds for applicants for new individual licenses, which must be set at a minimum of 30%t.
Coverage Telecommunication sector
Restrictions on data

SOUTH AFRICA

Since July 2002

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
Electronic Communications and Transactions Act (Act No. 25/2002)
The most distinctive feature of South African safe harbor regime for intermediaries is the conditioning of any liability limitation to the membership of an industry representative body recognized by the Minister of Communications. Membership is subject to specific criteria, which are reported to be quite lengthy and burdensome. At the same time, the representative body should assess compliance over all members.
Coverage Internet intermediaries
Restrictions on data

SOUTH AFRICA

Since April 2014

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Protection of Personal Information Act 4 of 2013
Failure to comply with that Enforcement Notice by the Information Regulator is a criminal offence, punishable by a term of imprisonment not exceeding 10 years, or unlimited fines, or both. Administrative fines may go up to 10 million ZAR (approximately 600,000 USD).
Coverage Horizontal
Restrictions on data

SOUTH AFRICA

Since April 2014

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Protection of Personal Information Act 4 of 2013
A responsible party is obliged to notify both the Information Regulator and data subjects where there are reasonable grounds to believe that personal information has been accessed or acquired by any unauthorised person.
Coverage Horizontal
Restrictions on data

SOUTH AFRICA

Since April 2014

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Protection of Personal Information Act 4 of 2013
Companies may designate and must register with the Information Regulator an information officer and a number of deputy information officers as is necessary to perform the duties and responsibilities of the information officer. The role of information officer is covered by default by the head of a company.
Coverage Horizontal
Restrictions on data

SOUTH AFRICA

Since April 2014

Chapter Data policies  |  Sub-chapter Restrictions on cross-border data flows
Protection of Personal Information Act 4 of 2013
Consent is needed for the data transfer to third countries. Otherwise, the transfer can happen if:
- the third party is subject to a law, binding corporate rules or binding agreement that provide for an adequate level of protection;
- the transfer is necessary for the performance of a contract between the data subject and the responsible party, or
- the transfer is necessary for the implementation of pre-contractual measures taken in response to the data subject's request.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA

Since 2002

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Immigration Act 2002

Immigration Regulations of 2014
A person issued with a business visa must employ or prove that at least 60% of his or her total staff complement are South African citizens or permanent residents.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA

Since 2002

Chapter Business mobility  |  Sub-chapter Other restrictive practices related to business mobility
Immigration Act 2002

Immigration Regulations of 2014
A foreign person willing to obtain a business permit needs to fulfill various requirements as set out in Art. 15 of the Immigration Act 2002.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Immigration Act 2002

Immigration Regulations of 2014
For intra-corporate transferees (ICT), there are limits of stay up to two years, but has recently been extended to four years and must be longer than six months. For contractual service suppliers (CSS) and independent service suppliers (ISS) there are limits of stay between six months and one year.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Immigration Act 2002

Immigration Regulations of 2014
For intra-corporate transferees, the Immigration Act states that a chartered accountant acting on behalf of the employer of a foreign worker must certify that the employer needs to employ a foreign worker within the Republic for the foreigner's job description.

For contractual services suppliers (CSS) and independent service suppliers (ISS), it is stated that the labour market tests must satisfy the Department in the manner prescribed that despite diligent search the employer has been unable to employ a person in the Republic with qualifications equivalent to those of the applicant.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA


Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Immigration Act 2002

Immigration Regulations of 2014
A quota system is in place for contractual service suppliers (CSS) and independent service suppliers (ISS) as prescribed under Art. 19.1 of the Immigration Act. Furthermore, a category of occupations for foreign workers is set annually.
Coverage Horizontal
Establishment restrictions

SOUTH AFRICA


Chapter Competition policy  |  Sub-chapter Competition
Regulatory practice
It is reported that several factors limite competition and the effects of liberalization in the South Africa telecommunications market. These include: interconnection, tariff regulation, access to scarce resources and anti-competitive practices.

In 2013, Orange (France) complained that mobile termination rates in South Africa were very high and that the wholesale prices are not capped by the regulator. In the same year, South Africa's third-largest mobile operator (Cell C) filed an antitrust complaint against MTN Group and Vodacom, because the dominant incumbents were discriminating between their on-net and off-net effective prices with a dramatic and direct impact on smaller operators' ability to acquire new customers.
Coverage Telecommunication sector
Establishment restrictions

SOUTH AFRICA


Chapter Competition policy  |  Sub-chapter Competition
State owned enterprises
Telkom, the telecommunications incumbent in South Africa, is 51% state owned.
Coverage Telecommunication sector