Cybercrime Law Drafted Following the Rise of Cyber Attacks

Following the development of e-commerce in Cambodia, consumers are moving away from physical markets to the digital screen market place. As social media sites (such as Facebook) are now being used as a platform by Cambodian businesses to reach and engage with larger audiences at a lower cost, both consumers and sellers are at risk of being victims of cybercrime.

Cybercrime, which is generally defined as crimes carried out by means of computers or the internet, is a potential threat towards Cambodian consumers and businesses. Cybercrimes include unauthorised access of private information through attempts such as hacking, introducing malicious software, spam, and computer viruses, and may result in significant financial and reputational loss.

As such, the Cambodian Government has drafted a new cybercrime law to protect both buyers and sellers from the threat of cyberattacks. This new law aims to implement anti-cybercrime measures by establishing the National Anti-Cybercrime Committee (NACC) that will be chaired by the Prime Minister. The operational arm of the NACC will be the General Secretariat.

The NACC’s duties include:

• devising strategies, action-plans and related programs to secure the cyber and information grid for the Cambodian Government;
• advising and recommending course of actions to the General Secretariat;
• supervising implementation and workflow of the General Secretariat’s action plans;
• issuing findings and appropriate recommendations for government ministries and departments to ensure the security of the cyber and information grid of the Cambodian Government;
• providing security reports on the cyber and information grid on an bi-semester and annual basis; and
• performing any other duties as may be directed by the Cambodian Government.

The General Secretariat’s wide-ranging duties and enforcement powers include:

• investigating and enforcing cybercrime-related laws and orders;
• supervising, researching, and developing measures against, cyber-criminal activities;
• preventing cyber-criminal activities directed against the Kingdom of Cambodia;
• developing regulations, standards and strategic plans relating to cybercrime; and
• supervising, evaluating and certifying standards for computer systems, network architecture, computer programs and information technology services.

The draft cybercrime law also indicates that the Secretary General of the NACC may recruit local or international experts to provide technical expertise.

According to the Khmer Times, the above law is said to still be in the drafting stage but is expected to be put to effect promptly.

As the global economy increasingly relies on technology such as e-commerce, the measures to combat cybercrime is necessary are needed to provide a safe and secure environment for businesses to flourish. The Cambodian Government’s efforts to develop the law in this area are welcomed, and follow the developing global trend of anti-cybercrime legislation.

If you have any questions or require any additional information, please contact Nith Niteyana, Sin Soromnear, or the ZICO Law partner you usually deal with.

This alert is for general information only and is not a substitute for legal advice.