Draft Bill for the Digital Transformation Act
Explanatory Note
This Draft Bill, now in its consultation phase, will eventually provide for the Digital Transformation Act.
Digital transformation is essential for modernizing Vanuatu's public services, strengthening economic competitiveness, and ensuring the nation can effectively participate in the global digital economy.
The Government recognizes the need for a comprehensive regulatory framework to oversee ICT services, promote digital inclusion, enhance cybersecurity resilience, and coordinate digital infrastructure development across all sectors.
This Bill will achieve the following Policies and Strategies:
- Implementation of the Vanuatu Digital Government Master Plan
- National ICT Policy objectives on digital infrastructure and innovation
- Cybersecurity governance and incident response coordination
- Digital inclusion and literacy initiatives aligned with national development goals.
The main objectives of this Bill are:
- to establish a mandatory permit system for ICT service providers operating in Vanuatu, ensuring compliance with national standards and regulations
- to empower the Department of Communications and Digital Transformation to provide strategic direction, develop policies, and coordinate digital transformation programs across government
- to create an enforcement framework with powers to inspect, investigate, and ensure compliance with ICT regulations
- to impose penalties for operating without valid permits and for contraventions of the Act, protecting the integrity of Vanuatu's digital ecosystem
- to promote local capacity building, digital literacy, and responsible use of digital technologies while facilitating public-private partnerships in digital services.
Vanuatu Cybercrime Act No.22 of 2021
Explanatory Note
This Bill provides for the Cybercrime Act.
Cybercrime is a global phenomenon that poses threats to Vanuatu’s national infrastructure, public service delivery, commercial and financial security.
The Government in recognizing the need to deal with these threats, worked in collaboration with the Council of Europe and the Australian Attorney General’s Department to combat cybercrime and to protect the legitimate interests in the use and development of information technologies.
This Bill will achieve the following Policies and Strategies:
- Priority 5, Strategy 5.1 – Cybersecurity Policy of the National ICT Policy; and
- Goal 3, Objectives 1 and 2 of the Cyber Security Policy; and
- Action Plan 1 and Government Direction 1 under Pillar 5 of the National Security Policy; and
- Policy objectives 2.4 and 2.9 under Economy Goals of the National Sustainable Development Plan 2016 – 2030.
The main objectives of this Bill are:
- to cover the criminalization and sanctioning of unauthorized actions committed by a person in different forms on and through a computer system; and
- to cover the criminalization and sanction provisions and other related provisions in the area of computer related crimes. The aim is to protect individuals from offences that are facilitated by and through a computer system; and
- to provide for the power and procedure for the obtaining and collecting of electronic evidence; and
- to provide privacy safeguards and police accountability when carrying out their duties; and
- to provide for an effective and efficient mechanism for international cooperation involving other States in providing a rapid flow of information and evidence.