ELECTRONIC TRANSACTIONS ACT, 2001

(Act 8 of 2001)

Part III
Electronic Governance

4. Where any law provides that information or any other matter shall be in writing then, notwithstanding anything contained in such Law, such requirement shall ho deemed to have been satisfied if such or matter is -

(a)rendered or made available in an electronic form: and

(b)accessible so as to be usable for a subsequent reference.

5. Where any law provides that information or any other matter shall be authenticated by affixing the signature or any documents should be signed or bear the signature of any person then, notwithstanding anything contained in such law such requirement shall be deemed to have been satisfied if such information or matter is authenticated by means of digital signature affixed in such manner as may be prescribed.

6. (I) Where any law provides for—

(a)the filing of any form, application or any other document with any Public Authority in a particular manner;

(b)the issue or grant of any licence, permit.

Sanction or approval by whatever name called in a particular mariner;

(c) the receipt or payment of money in a particular manner;

then, notwithstanding anything contained in any other law for the time being in force, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electronic form as may be prescribed.

(2) The Minister may, for the purposes of subsection(1), prescribe

(a) the manner and format in which such electronic records shall be filed, created or issued;

(b) the manner or method of payment of any fee or charge for filing, creating or issuing any electronic record under paragraph (a).

7. (I) Where any law provides that documents, records or information shall be retained for any specified period then, that requirement shall be deemed to have been satisfied if such documents, records or information are retained in the electronic form if—

(a) the information contained therein remains accessible so as to be usable for a subsequent reference;

(b) the electronic record is retained in the format in which it was originally generated, sent or received or in a format which can be demonstrated to represent accurately the information originally generated, sent or received;

(c) the details which will facilitate the identification of the origin, destination, date and time of dispatcher receipt of such electronic record are available in the electronic record:

Provided that this paragraph does not apply to any information which is automatically generated solely forte purpose of enabling an electronic record to be dispatched or received.

(2) Nothing in this section shall apply to any law that expressly provides forte retention of documents. records or information in the form of electronic records.

8. Nothing contained in sections 6and 7 shall confer a right upon any person to insist that any Public Authority should accept, issue, create, retain or preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

9. The Minister may. For the purposes of this Act, make regulations prescribing—

(a) the type of digital signature;

(b) the manner and format in which the digital signature shall be affixed;

(c)the manner or procedure which facilitates identification of the person affixing the digital signature;

(d) control processes and procedures to ensure adequate integrity. Security and confidentiality of electronic records or payments; and

(e) any other matter which is necessary to give legal effect to digital signatures.