RICA Compliance Information
Dapent’s mandate on compliance with RICA and other regulatory legislations
The Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 (“RICA” for short) requires that we follow certain processes to ensure that we know exactly who our clients are and verify their identities before providing service.
The Regulation of Interception of Communications and Provision of Communication-related Information Act (RICA) of 2002 requires that service providers verify their clients’ identities before providing service.
Their effect is to impose duties on the providers of communication services to keep records of their customers and records relating to their customer’s communications before they can provide such services to customers.
RICA prohibits the interception and monitoring of direct and indirect communications, and assist in the investigation, detection and prevention of crimes which treason, sedition, fraud and money laundering.
Other Legislation:
- the ICASA Act, that established the ICASA and sets out its powers as well as sanctions that can be imposed on licensees for non-compliance with their licence terms and conditions;
- RICA, that sets out a lawful intercept regime and details the obligations of electronic communications service providers in co-operating with law enforcement authorities and storage of traffic data;
- ECTA, that creates legal exemptions for information intermediaries where they act as such (e.g. as a mere conduit or hosting provider);
- the Competition Act, that legislates against anti-competitive practices such as collusion and cartels;
- the Films and Publications Act, that requires ISPs and others to register and sets out obligations around child sexual abuse images and exposure of children to pornography;
- the Protection from Harassment Act 17 of 2011, that obliges electronic communications service providers to assist where a person alleges harassment by means of electronic communications;
- the Protection of Personal Information Act of 2013, that comprehensively regulates the use and management of personal information within the digital environment; and
- the Cybercrimes Act, that aims to facilitate detecting, preventing, and investigating cybercrimes.