A survey, conducted to test perceptions of the online industry towards the Electronic Communications and Transactions (ECT) Act and the Promotion of Access to Information Act (PAIA), has found that only 27% of respondents feel they understand the risk of non-compliance.
A further 26% do not know what they should do to make their Web sites compliant with the ECT Act, while only 16% know how the PAIA impacts their Web sites.
Only 5% have legal notices on their sites that comply with chapters three and seven of the ECT Act and 6% have the required PAIA manuals.
The survey was conducted by Trust Online and Legalbuilder. Results indicate that only 11% of respondents were consulted during the drafting of the ECT legislation and only 1% was consulted during the drafting of the PAIA.
A total of 55% of the respondents believe that the government should be allowed to intercept e-mails, but only 15% say this should include encrypted e-mails such as those between Internet users and their banks.
About 43% are willing to spend between R1 200 and R5 000 to get their Web sites compliant. Most respondents (94%) also say they would prefer to use an online DIY tool to create their own compliance documentation, such as Web site legal notices and PAIA manuals.
A further 61% indicate that they would prefer to host their legal notices on third-party sites, provided that regular updates take place.
Although only 36% know about online arbitration as a means of settling Web-related disputes, 85% say they would rather refer an online dispute to online dispute resolution than to a traditional court.
Only 21% of respondents believe their attorneys are equipped to assist them with e-law-related matters.
"Many Web site owners complain that professionals charge them too much to make their Web sites compliant. How can you spend R1 500 on a Web site and then need to fork out three times that amount to make it legal and compliant?" asks Rudi Briedenhann of Trust Online.
He says that in the US and EU, many sites have been developed during the last two years where users can create their own legal documents. "Taking legal services online brings it into the home or office of the user. It`s like having an online lawyer that`s available 24 hours of every day," says Briedenhann.
The survey was enabled by SA Surveys and is available at www.sasurvey.co.za.
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