ELECTRONIC COMMERCE ACT 2006

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Application

This Act shall not apply to the transactions or documents specified in the Schedule.

6

Act 658

The Minister may by order amend, vary, delete from or add to the Schedule.

Use not mandatory

A person’s consent to use, provide or accept any electronic message in any commercial transaction may be inferred from the person’s conduct.

Reference to other written laws

Any information shall not be denied legal effect, validity or enforceability on the ground that the information is not contained in the electronic message that gives rise to such legal effect, but is merely referred to in that electronic message, provided that the information being referred to is accessible to the person against whom the referred information might be used.

Formation and validity of contract

A contract shall not be denied legal effect, validity or enforceability on the ground that an electronic message is used in its formation.

8

Act 658

is attached to or is logically associated with the electronic message;

adequately identifies the person and adequately indicates the person’s approval of the information to which the signature relates; and

is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.

For the purposes of paragraph (1)(c), an electronic signature is as reliable as is appropriate if—

The Digital Signature Act 1997 [Act 562] shall continue to apply to any digital signature used as an electronic signature in any commercial transaction.

Electronic Commerce 9

Seal

Notwithstanding subsection (1), the Minister may, by order in the Gazette, prescribe any other electronic signature that fulfills the requirement of affixing a seal in an electronic message.

Witness

there exists a reliable assurance as to the integrity of the information contained in the electronic message from the time it is first generated in its final form; and

the electronic message is accessible and intelligible so as to be usable for subsequent reference.

For the purposes of paragraph (1)(a)—

is retained in the format in which it is generated, sent or received, or in a format that does not materially change the information contained in the electronic message that was originally generated, sent or received;

is accessible and intelligible so as to be usable for subsequent reference; and

identifies the origin and destination of the electronic message and the date and time it is sent or received.

Copy

formatted in the same or substantially the same way as the prescribed form;

accessible and intelligible so as to be usable for subsequent reference; and

capable of being retained by the other person.

Electronic Commerce 11

Service and delivery

to identify the origin, destination, time and date of service, sending or delivery; and

for the acknowledgement of receipt, of the document.

This section does not apply to—

As between the originator and the addressee, an electronic message is deemed to be that of the originator if it is sent by—

As between the originator and the addressee, the addressee is entitled to regard an electronic message as being that of the originator, and to act on that presumption, if—

Subsection (3) does not apply if—

where the addressee has designated an information processing system for the purpose of receiving electronic messages, when the electronic message enters the designated information processing system; or

where the addressee has not designated an information processing system for the purpose of receiving electronic messages, when the electronic message comes to the knowledge of the addressee.

Place of dispatch

where the originator has more than one place of business, from the place of business that has the closest relationship with the transaction or where there is no place of business that has the closest relationship with the transaction, from the originator’s principal place of business; or

where the originator does not have a place of business, from the originator’s ordinary place of residence.

14

Act 658

Place of receipt

where the addressee has more than one place of business, at the place of business that has the closest relationship with the transaction or where there is no place of business that has the closest relationship with the underlying transaction, at the addressee’s principal place of business;

or

where the originator does not have a place of business, at the addressee’s ordinary place of residence.

Acknowledgement of receipt

Where the originator has requested or agreed with the addressee that receipt of the electronic message is to be acknowledged, the electronic message is treated as though it has never been sent until the acknowledgement is received.

Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by—

Where the acknowledgement has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator may—

Where the originator receives the addressee’s acknowledgement of receipt, it is presumed that the addressee received the related electronic message.

Where the received acknowledgement states that the related electronic message fulfills technical requirements, either agreed upon or set forth in applicable standards, it is presumed that those requirements have been fulfilled.