Electronic Transactions Act, 2008
Act, 1998 (Act 549);
(c) a trust as defined in the Trustees Incorporation Act, 1962
(Act 106);
(d) a will as defined in the Wills Act, 1971 (Act 360);
(e) a contract for the sale or conveyance of immovable property
or any interest in the immovable property;
(f) bills of lading;
(g) documents required for the registration of a company, Partnership or sole proprietorships;
(h) the swearing of affidavits or statutory declarations before a
Commissioner for Oaths or Notary Public; and
(i) any class of documents or transactions that may be notified
by Gazette.
Electronic transactions
Recognition of electronic message
5. Except as provided in this Act, where a law provides that information or any other matter shall be in writing, typewritten or in printed form,
the requirement shall be deemed to have been satisfied if the information
or matter is
(a) rendered or made available in an electronic form,
(b) accessible, and
(c) capable of being retained for a subsequent reference
despite the contrary intention in the law.
Original writing
6. (1) Where a law requires information to be presented or retained in
its original form, the requirement shall be deemed to have been satisfied
by an electronic record if
(a) there is reliable assurance of the integrity of the electronic
record, and
(b) the electronic record is capable of being displayed to the
person to whom it is to be presented.
(2) The criteria to assess integrity shall be whether the
information has remained complete and unaltered and the information
shall be assessed taking into consideration the relevant circumstances
for which the information was generated to determine the standard of
reliability.
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