E-Commerce Act

This Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.​

t

refers to a person who is intended by the originator to receive the electronic data message or electronic document.

addressee

1. The term “addressee” includes a person acting as an intermediary with respect to that electronic data message or electronic document.​

f

refers to any device or apparatus which, by electronic, electro-mechanical or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.​

computer

1. refers to information generated, sent, received or stored by electronic, optical or similar means.​

2. refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document.​

3. refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.​

1. electronic data message

2. Information and communication system

3. electronic signatre

1. refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.​

2. refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.​

3. refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores or provides other services in respect to that electronic document.​

4. refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document.​

1. Electronic document

2. electronic key

3. intermediary

4. originator

j) "Service provider" refers to a provider of -​

i) On-line services or network access, or the operator of facilities thereof, including entities offering the transmission, routing, or providing of connections for online communications digital or otherwise, between or among points specified by a user, of electronic documents of the user’s choosing; or​

ii) The necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated or undesignated third party;​

iii) Such service providers shall have authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.​

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1. t

2. t

3. t

1. Information shall always be denied legal effect, validity or enforceability solely on the grounds that it is in the data message purporting to give rise to such legal effect, or that it is merely referred to in that electronic data message.​

2. Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference

3. An electronic signature on the electronic document shall not be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which

1. f

2. t

3. f

1. The electronic signature shall be authenticated by proof that a letter, character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by a person and executed or adopted by such person, with the intention of authenticating or approving an electronic data message or electronic document;​

2. The electronic data message and electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message and/or electronic document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithm or codes, identifying words or numbers, encryptions, answers back or acknowledgement procedures, or similar security devices.​