Malawi

SECTION
PART I – PRELIMINARY PROVISIONS
1 – Short title and commencement
2 – Interpretation
3 – Objective of the Act
4 – Principles
5 – Implementation of this Act

PART II – ADMINISTRATION
6 – Establishment of the Malawi CERT

PART III – FORMATION AND VALIDITY OF ELECTRONIC TRANSACTIONS
7 – Recognition of electronic writing
8 – Electronic signature
9 – Equal treatment of digital signatures
10 – Conduct of a person relying on a digital signature
11 – Bearing legal consequences of relying on electronic signature
12 – Recognition of digital signature certificates and digital signatures
13 – Notarization, acknowledgement and certification
14 – Other requirements
15 – Determination of originality of an electronic message
16 – Admissibility and evidential weight of electronic messages
17 – Storage of electronic messages
18 – Secure electronic record
19 – Validity of a contract executed in electronic form

SECTION
20 – Time and place of dispatch and receipt of an electronic message
21 – Offer and acceptance
22 – Attribution of electronic messages to sender
23 – Acknowledgement of receipt of an electronic message

PART IV – LIABILITY OF ONLINE INTERMEDIARIES AND CONTENT EDITORS AND PROTECTION OF ONLINE USERS
24 – Freedom of communication and its limitations
25 – Liability of an intermediary service provider
26 – Liability for being a conduit
27 – Liability for caching services
28 – Liability for the supply of hosting services
29 – Saving of data
30 – Takedown notification
31 – Online content editors
32 – Right to reply

PART V – ELECTRONIC COMMERCE
33 – Information to be provided by supplier
34 – Formation of electronic contracts with consumers
35 – Cooling off period
36 – Performance of an electronic transaction
37 – Default in contract performance
38 – Review and cancellation of contract by a consumer
39 – Cancellation of payment
40 – Prohibition of misleading advertising
41 – Identification of advertisement content
42 – Unsolicited communication
43 – Scope of application of financial provisions
44 – Identity of a provider of financial or banking services
45 – Right of withdrawal from a contract

PART VI – SECURITY AND DIGITAL ECONOMY
46 – Use, supply, transfer, etc.
47 – Presumptions regarding digital signature certificates
48 – Unreliable digital signatures
49 – Reliance on digital signature and certificate
50 – Requirements to publish digital signature certificate
51 – The Authority to appoint a certification authority
52 – Encryption
53 – Trustworthy system
54 – Disclosure
55 – Issuing a digital signature certificate
56 – Representations upon issuance of a digital ignature certificate
57 – Suspension of a digital signature certificate
58 – Revocation of a digital signature certificate
59 – Revocation without a subscriber’s consent
60 – Notice of suspension of digital signature certificate
61 – Notification of revocation of a digital signature certificate
62 – Generating a key pair
63 – Accurate and complete representations
64 – Acceptance of a digital signature certificate
65 – Control of a private key
66 – Requesting for suspension or revocation
67 – Provision of encryption services
68 – Administrative sanctions
69 – Appointment of cyber inspectors
70 – Powers and functions of a cyber inspector

PART VII – DATA PROTECTION AND PRIVACY
71 – Processing of personal data
72 – Rights of a data subject
73 – Accuracy and completeness of information
74 – Security obligations

PART VIII – DOMAIN NAME AND MANAGEMENT
75 – Appointment of the Registrar of domain names
76 – Functions of the Registrar
77 – Recommendations relating to domain names
78 – Offence of administering domain name without authority
79 – Dispute resolution concerning domain names

PART IX – ELECTRONIC-GOVERNMENT TRANSACTIONS
80 – Requirement of electronic filing and issuing of documents
81 – Specific guidelines to public bodies
82 – Implementation of e-government

PART X – OFFENCES
83 – Search warrant
84 – Unauthorized access, interception or interference with data
85 – Child pornography
86 – Prohibition of cyber harassment
87 – Prohibition of offensive communication
88 – Prohibition of cyber stalking
89 – Prohibition of hacking, cracking and introduction of viruses
90 – Unlawfully disabling a computer system
91 – Prohibition of spamming
92 – Prohibition of illegal trade and commerce
93 – Attempting, aiding and abetting crimes
94 – Offences committed by legal persons
95 – General offence and penalty

PART XI – GENERAL PROVISIONS
96 – Lodging of complaints to the Authority
97 – Public education programmes
98 – Intermediary services providers’ levy
99 – Codes of conduct
100 – Act to prevail in case of inconsistency
101 – Administrative penalties
102 – Regulations
103 – Exemption orders
104 Transitional provision