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The Electronic Transactions Act 1998
came into effect in July 1998. Attempting to maintain a balance between effecting a comprehensive legal regime and affording efficacy to commerce, the Act achieves conformance with global standards without over-regulation. The Act provides for and regulates the following:
- Legal recognition of electronic signatures & records
The Act establishes three principles relating to electronic records and signatures. First, information shall not be denied legal effect, validity or enforceability solely because it is an electronic record.
Secondly, where there is a legal requirement that information must be written, an electronic record satisfies that requirement. Thirdly, where
the law requires a signature, an electronic signature will satisfy the requirement.
- Retention of electronic records
Where there is a legal
requirement that certain documents, records or information be retained, the requirement is satisfied in so far as the electronic record comprising the information remains accessible so as to be usable for
subsequent reference; the electronic record is retained in the format in which it was originally generated, sent or received; the record enables the identification of the origin and destination
of an electronic record and the date and time when it was sent or received, is retained.
- Liability of service providers
A network service
provider shall not be subject to any civil or criminal liability in respect of third party material of electronic records to which the service provider merely provides access if such liability is based on the
making, publication, dissemination or distribution of such materials or the infringement of any rights subsisting in or in relation to such material.
- Electronic Contracts
Offer and
acceptance may be expressed by means of electronic transmissions. The Act puts into place rules which will regulate the formation and validity of
electronic contracts and the effectiveness of such contracts between parties.
- Secure Electronic Records & Signatures
An
electronic record is a secure electronic record if it verified as not having been altered since a specified point in time up till the time of verification.
A secure electronic signature is one which is:
- unique to the person using it
- capable of identifying such person
- created in a manner or using a means under the sole control of the person using it; and
- is linked to the electronic record to which it relates in a manner such that if the record was changed, the
electronic signature would be invalidated.
- Duties of Certification Authorities
The
statutory criteria is specified and provides a comprehensive list of requirements of a Certification Authority under the Act.
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