Electronic Transactions
Act, 2008
Electronic
Transactions
Bill
Act 772
19. The Bill also clarifies in clause 21 how electronic documents may be
attributed to an originator.
The third group of clauses, clause 25 - 27 provides for e-Government
service which is public service provided by electronic means by a public
body. A public body is empowered by any law in clause 26 to accept for
filing, accept payment, issue permits, licences or approvals by electronic
means. The Bill does not seek to compel public bodies to process electronic
records, clause 25. A public body may however publish in the Gazette details
of the manner and format in which it will accept and retain electronic
records. The Bill also allows for the publication of the Official Gazette in
electronic format, clause 27.
The fourth group of clauses, clause 28 – 45 is on the Certifying Agency
which is to certify encryption or authentication services provided in the
country and monitor the conduct, systems and operations of encryption
and authentication service providers. The functions of the Certifying
Agency are provided in clause 31. Service and products of persons certified
by a Certifying Foreign Agency recognised by the local Agency will be
allowed, clause 34. Among other things, the Agency is also to act as the
repository of Digital Signature Certificates issued under this Bill and
maintain a computerised database of public keys to make them verifiable
by a member of the public, clause 35.
Consumer protection is dealt with in the fifth group of clauses, clause
46 – 54, which provides for the protection of consumers in electronic
transactions. The obligations of suppliers offering goods or services for
sale, hire or exchange to consumers on an electronic platform are spelt
out in clause 47. For instance, consumers will be entitled to information
relating to the supplier and the goods or services offered. Suppliers will
be duty-bound to utilise a payment system that is sufficiently secure with
reference to accepted technological standards at the time of the transaction
according to the type of transaction concerned. Suppliers will be liable
for any damage suffered by a consumer due to a failure by the supplier to
apply a sufficiently secure payment system. Unsolicited goods, services,
and communications are prohibited in clause 50. Financial institutions are
not to make available, lend, or sell a list or portion of a list of holders of
any electronic payment medium and their addresses and account numbers
to any person without the prior written consent of the holders, clause 51.
This will be subject to other laws related to credit reporting.
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