ectronic
30
GOVERNMENT G A Z E T E , 2 AUGUST 2002
No. 23708
Act No. 2 5 2 0 0 2
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
Other requirements
19. (1) A requirement in a law for multiple copies of a document to besubmitted to a
single addressee at the same time, satisfied
is
by the submissionof a single data message
that is capable of being reproduced by that addressee.
(2) An expressionin a ha.. whether used as a noun or verb, including theterms
5
“document”,“record”, “file”. “submit”,“lodge”,“deliver”,“issue”,“publish”,
“write in”, “print” or words or expressions of similar effect, must be interpreted so as
to include or permit such form. format or action in relation to a data message unless
otherwise provided for in this Act.
(3) Where a seal is required by law to be affixed to a document and such law doesnot 10
prescribe the method or fonn by which such document maybe sealed by electronic
means, that requirement is met if the document indicates that it is required to be under
seal and i t includestheadvancedelectronicsignature
of the person by whomitis
required to be sealed.
( 3 )Where any law requires or permitsa person to send a document or information by 15
rezistered or certified post or similar service. that requirement is met if an electronic
copy of the document or information issent to the South African Post Office Limited, is
registered by the said Post Office and sent by that Post Office to the electronic address
provided by the sender.
20
Automated transactions
an
30. In an automated transactionan agreement may bc formed where an electronic agent performs an action
required by law for agreement formation:
an qreement may be formed where all parties to a transaction or either one of
uses
them
a part)’ usin: an electronic agent tofonu an agreement is, subject toparagraph
i d ) . presumed to be bound by the terms of that agreement irrespective of
whether that person reviewed the actions of the electronic agent or the terms
of the as Greenlent:
A party interacting u~ithan electronic agent to form an agreement is not bound
by the terms of the agreement unless those terms were capable of being
revie\ved by a catural person representing that party priorto agreement
formation.
no agreement is formedwhere a natural person interacts directljr with the
electronic agent of another person and has made a material error during the
creation of a data message and(i) the electronic agent did not prolride that person with an opportunit!, to
prevent 0:‘ conect the error:
(ii) that person notifies the other person of the error as soon as practicable
after that person has learned of it:
(iii) l h a ~person takes reasonable steps. including steps that conform to the
othel- person‘s instructions to return an!’ performance recei\!ed. or. if
instl-ucted to do so. to destro! that perfbrmance: and
( i \ ) that ptrson has not used or recei\.ed any material benefit or value from
an)’ performance received from the other person.
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30
35
40
15
Part 2
Communication of data messages
Variation by agreement between parties
21. This Part 0111)~applies if the parties involved in generating. sending. receiving,
storin: or otherwise processing data messages have not reached agreement on the issues 50
proiided for therein.