Electronic
Comm
unications
and Transactions
[ N o . 21 o f 2 0 0 9
(a) an agreement for the alienation of immovable property
under the Lands Act;
(b) the execution, retention and presentation of a will or codicil
under the Wills and Administration of Testate Estates
Act;
239
Cap. 184
Cap. 60
(c) the execution of a bill of exchange; or
(d) any guarantee.
(6) This Act d o e s not limit the operation of any law that
expressly authorises, prohibits or regulates the use of data messages,
including any requirement by, or under, any law for information to
be posted or displayed in a specified manner, or for any information
or document to be transmitted by a specified method.
PART
II
LEGAL REQUIREMENTS FOR DATA MESSAGES
4. (1) Information shall not be without legal force and effect
merely on the grounds that it is wholly or partly in the form of a
data message.
(2) Information shall not be without legal force and effect
merely on the grounds that it is not contained in the data message
purporting to give rise to such legal force and effect, but is merely
referred to in the data message.
(3) Information incorporated into an agreement and that is not
in the public domain shall be treated as having been incorporated
into a data message if such information is (a) referred to in a w a y in which a reasonable person would
have noticed the reference thereto and incorporation
thereof; and
(b) accessible in a form in which it m a y be read, stored and
retrieved by the other party, whether electronically or
as a computer printout as long as such information is
reasonably capable of being reduced to electronic form
by the party incorporating it.
5. (1) A requirement in law that a document or information
shall be in writing shall be met if the document or information i s —
(a) in the form of a data message; and
(b) accessible in a manner usable for subsequent reference.
Legal
requirements
for data
messages