Abstract
This dissertation embarks on an in-depth examination of the legal responses to Business Email Compromise (BEC) within the frameworks of South African and United States law. The study scrutinises the differences and commonalities in these jurisdictions' approaches to BEC, utilising a comparative legal methodology. This scrutiny is reinforced by a systematic analysis of academic resources, national and international laws, and a variety of digital platforms. A significant aspect of this research includes a review of recent judgments pronounced by South African courts, thereby offering a practical interpretation of the legislative applications and their ramifications.
A fundamental section of this dissertation scrutinises the legal standing of individuals in fiduciary or trust-related positions vis-à-vis BEC, contrasting this with the situation in standard business transactions (non-fiduciary/trust relationship). The intention of this comparison is to reveal any varying obligations or legal approaches and to understand how these differences may influence the occurrence or management of BEC risks.
Additionally, this study delves into the repercussions of BEC and the range of measures affected entities can adopt to mitigate such threats. This includes, but is not limited to, substantial investment in cybersecurity infrastructure, comprehensive staff training, and the implementation of robust cybersecurity best practices.
Collectively, this dissertation aims to deliver a comprehensive understanding of the legal terrain surrounding BEC within South Africa and the United States. Concurrently, it illuminates the unique challenges faced by those in fiduciary positions and highlights the crucial importance of cross-border knowledge exchange, stringent law enforcement, and specific preventive strategies to combat the escalating threat of BEC effectively.
Key words: Business Email Compromise (BEC), email fraud, fiduciary liability.