Electronic Transactions Act (ETA), 2006
In this Act:
The ETA addresses the following issues:
1. Commercial code for e-commerce transactions:
The ETA was enacted to create a predictable legal environment for e-commerce. It clearly defines the rights and obligations of the transacting parties. It also addresses the legal aspects of electronic contracts, the use of specified security procedures (including digital signatures), and concerns for authentication and nonrepudiation.
2. Use of electronic applications for the public sector:
In order to facilitate the use of electronic transactions in the public sector, the ETA contains an omnibus provision through which government departments and statutory boards can accept electronic filings and electronic versions of documents without having to amend their respective Acts. It also allows public bodies to issue permits and licenses electronically.
3. Liability of network service providers:
The government realizes that it is impractical for network service providers to check all the content for which they merely provide access. To create a transparent legal environment conducive to the growth of network service providers, the ETA specifies that network service providers will not be subject to criminal or civil liability for such third-party material, in relation to which they are merely the host. The clause, however, will not affect the obligations of a network service provider under any licensing or other regulatory regime established under the law.
4. Provision for the development of security procedures such as Public Key Infrastructure (PKI) and biometrics:
the ETA provides for the appointment of a Controller to enable regulations to be made for the licensing and accreditation of specified security procedure providers, such as certification authorities (CAs), and including recognition of foreign CAs.
Legal Requirements of ETA
- The information is readily accessible so as to be usable for subsequent reference; and
- The person to whom the information is required to be given consents to the information being given in an electronic form and by means of electronic communication, if applicable.
A legal requirement to give information includes,a. making an application,b. making or lodging a claim,c. giving, sending, or serving a notification,d. lodging a return,e. making a request, etc.
a. A legal requirement relating to the format or layout of information:b. A legal requirement relating to the materials to be used for
writing information:c. Any similar legal requirement.
This Act does not apply to
a. wills,b. trusts created by wills,c. powers of attorney, to the extent that they concern the financial affairs or personal care of an individual,d. documents that create or transfer interests in land and that require registration to be effective against third parties, ore. other provisions, requirements, information or records prescribed in the regulations.