ELECTRONIC TRANSACTIONS ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Objects

   4   Exclusions

   5   Agreement required

 

PART II
Application of legal requirements to electronic transactions

   6   Validity of electronic transactions

   7   Requirements to give information in writing

   8   Requirements for signature

   9   Requirements for attestation, etc of documents

   10   Requirements to produce a document for inspection or in original form

   11   Requirements for keeping information

   12   Admissibility and evidential weight of information in electronic form

   13   Information required to be served or delivered

   14   Electronic alternative to prescribed forms

   15   Electronic payment

   16   Formation and validity of contracts

 

General provisions relating to electronic transactions

   17   Attribution of electronic documents

   18   Effect of change or error

   19   Acknowledgement of receipt of electronic document

   20   Time and place of dispatch and receipt of electronic documents

 

PART III
Conduct of parties in relation to electronic
communications and signatures

   21   Conduct of relying party

   22   Conduct of signatory

   23   Conduct of certification service provider

   24   Use and disclosure of pseudonyms

   25   Liability of intermediaries

 

PART IV
Obligations in relation to electronic transactions
for the supply of goods, services or facilities

   26   Interpretation and application of Part IV

   27   Obligations of supplier in the conduct of electronic transactions

   28   Cooling-off period

   29   Unsolicited commercial communications

   30   Supply of goods, services or facilities pursuant to transactions conducted electronically

   31   Provisions of this Part not excluded by agreement

   32   Complaints to Consumer Affairs Commission

 

PART V
The Certifying Authority

   33   Certifying Authority

 

PART VI
General

   34   Penalties

   35   Offences by bodies corporate

   36   Act binds Crown

   37   Regulations

   38   Amendment of Consumer Protection Act

   39   Minister may by Order amend penalty or Schedules

      SCHEDULES

 

THE ELECTRONIC TRANSACTIONS ACT

[Date of Commencement: 2nd April, 2007]

Act 15 of 2006.

PART I
Preliminary (sections 1-5)

1   Short title

   This Act may be cited as the Electronic Transactions Act.

2   Interpretation

   In this Act-

   "addressee" means a person who the originator of an electronic document intends to receive the document, but does not include a person acting as an intermediary with respect to that document;

   "automated communications device" means a computer program or an electronic or other automated device used to initiate or respond to electronic communications in whole or in part, without review or action by an individual;

   "certificate" means any record that-

   (a)   identifies the entity that issues it;

   (b)   names or otherwise identifies the signatory or a device (including an automated communications device) under the control of the signatory;

   (c)   specifies its operational period;

   (d)   is digitally signed by the entity that issues it;

   (e)   contains a public key that corresponds to a private key under the control of the originator of the electronic document to which the certificate relates; and

   (f)   specifies any other matter required to be specified under regulations made pursuant to section 37;

   "certification service provider" means a person who issues certificates for the purposes of electronic signatures or provides to the public other services related to electronic signatures;

   ''Certifying Authority" means the Certifying Authority established under section 33;

   "data" includes-

   (a)   material in whatever form stored in an electronic communications system;

   (b)   the whole or part of a computer program; and

   (c)   a representation suitable for processing in an electronic communications system;

   "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities, and references to carrying out any act "electronically" shall be similarly construed;

   "electronic communications system" means a system for creating, generating, sending, receiving, storing, displaying or otherwise processing electronic documents or data;

   "electronic document" means information that is created, generated, conununicated, stored, displayed or processed by electronic means;

   "electronic signature" means information that-

   (a)   is contained in, attached to or logically associated with, an electronic document; and

   (b)   is used by a signatory to indicate his adoption of the content of that document,

but does not include any signature produced by a facsimile machine or by an electronic scanning device;

   "encrypted signature" means an electronic signature that is encrypted by means of a private key or other encrypted signature creation device;

   "encrypted signature creation device" means unique data, including codes or private cryptographic keys, or a uniquely configured physical device, used by a signatory in creating an encrypted signature;

   "information" includes data, text, images, sounds, codes, computer programs, software and databases;

   "information technology requirements" includes software requirements;

   "originator" in relation to an electronic document, means a person by whom, or on whose behalf, the document purports to have been sent or generated prior to storage, but does not include a person acting as an intermediary with respect to that document;

   "signatory" means a person who by means of an encrypted signature creation device has (whether acting himself or through another person, or an automated communications device, acting on his behalf) affixed his encrypted signature to an electronic document;

   "traffic data" means information about the communication of data using an electronic communications system, including the-

   (a)   number and kind of communications;

   (b)   origin of the communication;

   (c)   destination of the communication;

   (d)   time when the communication was sent; and

   (e)   time when the communication was received.

3   Objects

   (1) The objects of this Act are to-

   (a)   facilitate electronic transactions by means of reliable electronic documents;

   (b)   promote the development of the legal and business infrastructure necessary to implement secure electronic commerce;

   (c)   eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements;

   (d)   promote public confidence in the integrity and reliability of electronic documents and electronic transactions, ID particular through the use of encrypted signatures to ensure the authenticity and integrity of electronic documents;

   (e)   establish uniformity of legal roles and standards regarding the authentication and integrity of electronic documents;

   (f)   facilitate electronic filing of information with Government agencies and statutory bodies and to promote efficient delivery of Government services by means of reliable electronic documents.

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