Electronic Transactions Act, 2008
Act 772
(c) performs the functions in an automatic, technical manner
without selection of the electronic record, and
(d) does not modify the electronic record contained in the transmission.
(2) The acts of transmission, routing and provision of access include
the automatic, intermediate and transient storage of the information
transmitted in so far as this takes place
(a) for the sole purpose of carrying out the transmission in the
information system,
(b) in a manner that makes it ordinarily inaccessible to anyone
other than an anticipated recipient, and
(c) for a period no longer than is reasonably necessary for the
transmission.
Electronic record transmission
91. An intermediary or service provider who transmits an electronic
record provided by a recipient of the service through an information
system under its control is not liable for the automatic, intermediate and
temporary storage of that electronic record, where the purpose of storing
the electronic record is to make the onward transmission of the electronic
record more efficient to other recipients of the service on their request, as
long as the service provider
(a) does not modify the electronic record,
(b) complies with conditions on access to the electronic record,
(c) complies with rules regarding the updating of the electronic
record, specified in a manner widely recognised and used by
the industry,
(d) does not interfere with the lawful use of technology widely
recognised and used by the industry to obtain information
on the use of the electronic record, and
(e) removes or disables access to the electronic record it had
stored upon receiving a take-down notice under this Act.
Hosting
92. (1) An intermediary or service provider who provides a service
that consists of the storage of electronic records provided to a user of the
service, is not liable for damages arising from information stored at the
request of the recipient of the service, as long as the service provider
(a) does not have actual knowledge that the information or an
activity relating to the information is infringing the rights of
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