SEYCHELLES
ELECTRONIC TRANSACTIONS ACT, 2001
AN ACT to provide for legal recognition of transactions carried out by means of electronic data
interchange and other means of electronic communication, to facilitate electronic filing of documents with
Public Authorities and to provide for matters connected therewith or incidental thereto.
ENACTED by the President and the National Assembly.
Short title commencement and application of the Act
1.(1)
This Act may be cited as the Electronic Transactions Act, 2001.
(2)
This Act shall come into force on such date as the Minister may, by notice published in the Gazette
appoint, and different dates may be appointed for different provisions of this Act and any reference in any such
provision to the commencement of this Act shall be construed as a reference to the commencement of that
provision.
(3)
2.
Nothing in this Act shall apply to the documents and transactions specified in the Schedule to this Act.
In this Act, unless the context otherwise requires —
“access” means gaining entry into, instructing or communicating with, the logical, arithmetical or
memory function resources of a computer, computer system or computer network;
“addressee” means a person who is intended by the originator to receive the electronic record but does
not include any intermediary;
“affixing digital signature” means adoption of any procedure by a person, for the purpose of
authenticating an electronic record by means of digital signature;
“'asymmetric crypto system” means a system of a secure key pair consisting of a private key for creating
a digital signature and a public key to verify the digital signature;
“Certifying Authority” means a person who has been granted a licence to issue a Digital Signature
Certificate under section 26 or a foreign certifying authority recognised under section 22;
“Certification practice statement means a statement issued by a Certifying Authority to specify the
practices that the Certifying Authority employs in issuing Digital Signature Certificates;
“computer” means any electronic, magnetic, optical or other high speed data processing device or system
which performs logical, arithmetic and memory functions by manipulations of electronic, magnetic
optical impulses, and includes all input, output processing, storage, computer software or communication
facilities which are connected or related to the computer in a computer system or computer network;
“computer network” means the interconnection clone or more computers through —
(i)
the use of satellite, microwave, terrestrial line or other communication media: and
(ii)
terminals or a complex consisting of two or more interconnected computers;
“computer resource” means computer, computer system, computer network, data, computer database or
software;