78
GOVERNMENT
No. 23708
Act No. 25,2002
GAZETTE. 2 AUGUST 2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
(4) A data message made by a person in the ordinary course of business,or a copy or
printout of or an extract from such data message certified to be correct by an officer in
the serviceof such person, ison its mere productionin any civil, criminal, administrative
or disciplinary proceedings under any law, the rules of a self regulatory organisation or
anyotherlaw
or thecommon law. admissible in evidenceagainstany
person and 5
rebuttable proof of the facts contained in such record, copy, printout or extract.
Retention
16. ( 1 ) Where a law requires information to be retained, that requirement is met by
retaining such information in the form of a data message. if( 0 ) the information contained in the data message is accessible so as to be usable 10
for subsequent reference:
( h ) the data message is in the format in which it was generated. sent or received,
or ina formatwhichcan
be demonstratedtorepresentaccurately
the
information generated, sent or received; and
(L.) the origin and destination of that data message and the date and time it was 15
sent or received can be determined.
( 2 ) The obligation to retain information as contemplated in subsection ( 1 ) does not
extend to any information the sole purpose of which is to enable the message to be sent
or received.
Production of' document or information
subsequent
20
17. ( 1 ) Subject to section 28. where a law requires a person to produce a document or
information, that requirement is met if the person produces, by means of a data message,
an electronic form of that document or information. and if( ( I ) considering all the relevant circumstances
at the time that the data message
was sent. themethod of generatingtheelectronicform
of thatdocument 25
provided a reliable means of assuring the maintenance of the integrity of the
information contained in that document: and
( h i at the time the data message was sent,
i t was reasonable to expect that the
information contained therein would be readily accessible so as to be usable
for
30
( 3 )For the purposes of subsection ( I ) , the integrity of the information contained ina
document is maintained if the information has remained complete and unaltered, except
for( N J the addition of any endorsement: or
( h ) any immaterial change, which arises in the normal course of communication, 35
storage or display.
Notarisation, acknowledgement and certification
18. ( 1 ) Where a law requires a signature. statement or document to be notarised,
acknow,ledged. ierified or made under oath. that requirement is met if the advanced
electronic signature of the person authorised to perform those actsisattached
to, 40
incorporated in or logically associated with the electronic signature or data message.
( 3 )Where a l a w requires or permits a person to provide a certified copy of a document
and the documentexists in electronicform, that requirement is met if the person
provides a print-out certified to be a true reproduction of the document or information.
(3) Where a law requires or permits a person to provide a certified copy of a document 45
and the document exists in paper or other physical form, that requirement is met if an
electronic copyof the documentis certified to be a true copy thereof and thecertification
is confirmed by the use of an advanced electronic signature.