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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter VI : Authentication Service Providers

Part 2 : Accreditation

39. Revocation or termination of accreditation

 

 

1) The Accreditation Authority may suspend or revoke an accreditation if it is satisfied that the authentication service provider has failed or 39 ceases to meet any of the requirements, conditions or restrictions subject to which accreditation was granted under section 38 or recognition was given in terms of section 40.

 

2) Subject to the provisions of subsection (3), the Accreditation Authority may not suspend or revoke the accreditation or recognition contemplated in subsection (1) unless it has –
a) notified the authentication service provider in writing of its intention to do so;
b) given a description of the alleged breach of any of the requirements, conditions or restrictions subject to which accreditation was granted under section 38 or recognition was given in terms of section 40; and
c) afforded the authentication service provider the opportunity to –
i) respond to the allegations in writing; and
ii) remedy the alleged breach within a reasonable time.

 

3) The Accreditation Authority may suspend accreditation granted under section 38 or recognition given under section 40 with immediate effect for a period not exceeding 90 days, pending implementation of the procedures required by subsection (2), if the continued accreditation or recognition of the authentication service provider is reasonably likely to result in irreparable harm to consumers or any person involved in an electronic transaction in the Republic.

 

4) An authentication service provider whose products or services have been accredited in terms of this Chapter may terminate such accreditation at any time, subject to such conditions as may be agreed to at the time of accreditation or thereafter.