Electronic Transactions Act, 2008
Act 772
Admissibility and evidential weight of electronic records
7. (1) The admissibility of an electronic record shall not be denied as
evidence in legal proceedings except as provided in this Act.
(2) In assessing the evidential weight of an electronic record the
Court shall have regard to
(a) the reliability of the manner in which the electronic record
was generated, displayed, stored or communicated,
(b) the reliability of the manner in which the integrity of the
information was maintained,
(c) the manner in which its originator was identified, and
(d) any other facts that the Court may consider relevant.
Retention of electronic records
8. (1) Where a law requires that a document, record or information
shall be retained, that requirement is deemed to have been met if the document, record or information is held in electronic form and
(a) is accessible,
(b) is capable of retention for subsequent reference,
(c) is retained in the format in which it was generated, sent or
received, or in a format which can be demonstrated to represent accurately the information generated, sent or received,
and
(d) is retained to enable the identification of the origin and destination of the electronic record and the date and time when
it was sent or received.
(2) The document, record or information shall be kept in electronic
form for at least six years.
(3) An obligation to retain a document, record or information does
not extend to information which is only to enable the message to be sent
or received.
Secure electronic record
9. (1) Where a security procedure has been applied to an electronic
record at a specific point in time, the record is deemed to be a secure
electronic record during the period when the security procedure was applied.
(2) An unauthorised alteration of the security procedure renders the
record invalid.
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