Self-assessment
ECTA Self-Assessment (Online Selling and Contracts)
12 yes/no questions on the Electronic Communications and Transactions Act: what your website must tell customers, the seven-day cooling-off right, unsolicited messages, electronic contracts and signatures, and keeping records. You get a score for each area and a list of gaps with what to do about each one.
1. What your website must say
These apply if you sell goods or services to consumers through a website, app or other electronic means. Answer Not applicable if you do not sell online.
1. Does your website show your full name, legal status, physical address, phone number, email, registration number and, where applicable, VAT number and membership of any professional body?
Section 43 requires a supplier offering goods or services electronically to give this information to consumers. Reports say a consumer may cancel if the information is missing. (ECTA s43)
2. Do you describe the goods or services, the full price including all costs and taxes, delivery costs, the payment methods and the delivery time before the consumer orders?
(ECTA s43)
3. Do you publish your terms and conditions, return and refund policy, and the security and privacy practices you follow, in a place the consumer can store or print?
(ECTA s43)
4. Does the consumer get a chance to review the order, correct mistakes and confirm it before they pay, and do you give an acknowledgement afterwards?
(ECTA s43)
2. Cooling-off and cancellation
1. Do you let consumers cancel an electronic transaction within seven days without giving a reason, and refund them?
For goods, the seven days run from receiving the goods. For services, from the day the agreement was concluded. The consumer bears only the direct cost of returning the goods. (ECTA s44)
2. Do you apply the exceptions only where the Act allows, for example for goods made to the consumer's specification, perishable goods or services already started with the consumer's consent?
(ECTA s42(2))
3. Do you understand how the ECTA cooling-off differs from the Consumer Protection Act cooling-off for direct marketing, and apply the right one?
(ECTA s44, CPA s16)
3. Messages, contracts and records
1. Do you avoid sending unsolicited commercial messages, give a clear opt-out in every message, and honour opt-outs?
(ECTA s45, POPIA s69)
2. Do you accept that a contract can be made electronically, and keep a record of the offer, acceptance and terms for each online sale?
(ECTA Chapter III)
3. Where a law requires a signature, do you use a method that the Act accepts, and an advanced electronic signature where the law specifically requires one?
(ECTA s13)
4. Do you treat personal information collected online fairly and only as the customer agreed, in line with POPIA?
(ECTA s50, POPIA)
5. Do you keep your website's terms, notices and records so you can show a regulator or the National Consumer Commission what a customer saw?
(ECTA, CPA)
Sources
Turn these gaps into tracked tasks
Assign owners and due dates, keep the evidence, and show your progress to clients and auditors.