32
GOVERNMENT
GAZETTE.
No. 23708
2 AUGUST 2002
~
.Act No. 25. 2002
ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
Formation and validity of agreements
22. ( I ) An agreement is not without legal force and effect merely because it was
concluded partly or in whole by means of data messages.
(2) An agreement concluded between partiesby means of data messages is concluded
at the time when and place where the acceptance of the offer was received by the offeror.
5
Time and place of communications, dispatch and receipt
23. A data message( a ) used in the conclusion or performance of an agreement must be regarded as
having been sent by the originatorwhen it enters an informationsystem
outside the control of the originator or, if the originator and addressee are in
the same information system, when it is capable of being retrieved by the
addressee:
(0) must be regarded as having been received by the addressee when the complete
data message entersan information system designated or used for that purpose
by the addressee and is capable of beingretrieved and processed by the
addressee: and
I C ) must be regarded as having been sent from the originator's usual place of
business or residence and as having been received at the addressee's usual
place of business or residence.
Expression of intent
statement
or other
20
2%As between the originator and the addressee of a data message an expression of
intent or other statement is not without legal force and effect merely on the grounds
thLlt-
it is in the form of a data message: or
( 0 ) it is not e\idenced by an electronic signature but by other means from which 25
such person's intent or other statement can be inferred.
(n)
Attribution of data messages to originator
25. A data message is that of the originator if it was sent by( ( 1 j the originator personally;
( 0 ) a person who had authority to act on behalf ofthe originator in respect of that 30
data message: or
( c ) an information systemprogrammed
by or on behalf of theoriginator to
operate automatically unless it is proved that the information system did not
properly execute such programming.
Acknowledgement of receipt
message
of data
35
16. ( I ) An acknowledgement of receipt of a data message is not necessary to give
legal effect to that message.
(21 An ackno\tledgement of receipt may be given by((11
any communication by the addressee, whether automated or otherwise: or
( h ) any conduct of the addressee, sufficient to indicate to the originator that the 40
data message has been received.
CHAPTER IV
E-GOVERNMENT SERVICES
Acceptance of electronic filing and issuing of documents
27. Any public body that. pursuant to any law45
( a ) accepts the filing of documents, or requires that documents be created or
retained: