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

Chapter XI : Limitation of Liability of Service Providers

74. Caching



1) A service provider that transmits data provided by a recipient of the service via an information system under its control is not liable for the automatic, intermediate and temporary storage of that data, where the purpose of storing such data is to make the onward transmission of the data more efficient to other recipients of the service upon their request, as long as the service provider –
a) does not modify the data;
b) complies with conditions on access to the data;
c) complies with rules regarding the updating of the data, specified in a manner widely recognised and used by industry;
d) does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain information on the use of the data; and
e) removes or disables access to the data it has stored upon receiving a take-down notice referred to in section 77.


2) Notwithstanding this section, a competent court may order a service provider to terminate or prevent unlawful activity in terms of any other law.