Internet Service Providers' Association

Practical recommendations

---

Privacy and confidentiality

• Have a privacy policy for any data collected that clearly states how that data will be used or distributed. Make this policy readily available on your website.
• Do not buy or sell user data unless it is clear that such data is used with the prior written permission of the user.
• Advise users on software tools, which they can use to protect their privacy.
• Review the provisions on the protection of personal information in Chapter 8 of the Electronic Communications and Transactions Act.
• Review the provisions on the prohibition of interception of communications in Chapter 2 of the Regulation of Interception of Communications and Provision of Communications-related Information Act.
• Review the provisions applicable to private bodies in Part 3, Chapters 4 and 5 of the Promotion of Access to Information Act.

Consumer protection and provision of information to customers

• Have a prominent link to ISPA's code of conduct on your website.
• Develop a standard acceptable use policy (AUP) document for customer agreements and include this on your website.
• Establish a clear procedure for dealing with breaches of your AUP.
• Make your PROATIA manual available on your web site.
• Ensure that pricing information supplied to customers specifies any additional charges payable, for example telephone call fees. Differences in costs between after-hours tariffs and standard tariffs should also be highlighted.
• Review the provisions on consumer protection in Chapter 7 of the Electronic Communications and Transactions Act and the Consumer Affairs (Unfair Business Practices) Act.

Unsolicited bulk mail

• Include a "no spamming" clause in your AUP.
• Ensure that messages sent to abuse@... and postmaster@... addresses are received and dealt with promptly.
• Review the provisions on unsolicited goods, services or communications in Chapter 7 of the Electronic Communications and Transactions Act.

Cyber crime

• Review the provisions on cyber crime in Chapter 13 of the Electronic Communications and Transactions Act.

Protection of minors

• Provide links to information on filtering software and content labelling systems. Be aware that such systems are far from foolproof. Consider submitting your site for rating to any content labelling or rating agencies you are providing information on.

Unlawful content and activity

• Review the provisions on the limitation of liability of service providers in Chapter 11 of the Electronic Communications and Transactions Act.