Electronic Transactions Act, 2008
addressee at the same time, that requirement will be satisfied by the
submission of a single electronic record that is capable of being reproduced
by that addressee, clause 16. A requirement by law that a document be
signed by a person will be satisfied in relation to an electronic document
if an electronic signature is used. The Bill specifies what constitutes an
authentic electronic signature in clause 16.
Agreements concluded partly or wholly through an electronic medium
are not of themselves invalid. For the purpose of electronic transactions,
an electronic agent may be involved at any stage except that a party dealing
with an electronic agent is not bound by the terms of the agreement
unless terms were first capable of being accessed by the party prior to the
formation of the contract, clause 17.
The Bill also deals with the time and place of despatch and receipt of
electronic records. Under clause 18 the despatch of an electronic record
occurs when it enters an information processing system outside the control
of the originator, unless otherwise agreed between the originator and the
addressee. Under clause 19, receipt occurs at the time when the electronic
record enters the designated information system of the addressee, unless
otherwise agreed. If the addressee has not designated an information
system, receipt occurs when the electronic record enters an information
system of the addressee or through which the addressee retrieves its
electronic record.
The place of despatch of an electronic record is deemed to be the
originator’s registered place of business, and deemed to be received at the
addressee’s registered place of business, unless otherwise agreed, clause
Date of Gazette notification: 19th December, 2008.
GOVERNMENT PRINTER, ASSEMBLY 66
PRESS, ACCRA. GPC/A727/300/12/2008