8.
(3)
An obligation to keep records, documents or information in accordance with
subsection (2)(c) shall not extend to any information necessarily and automatically
generated solely for the purpose of enabling a record to be sent or received.
(4)
A person may satisfy the requirements referred to in subsection
(2) by using the services of any other person.
(5)
Nothing in this section shall (a)
apply to an enactment which expressly provides for the keeping of records,
documents or information in the form of an electronic record; or
(b)
preclude any public sector agency from specifying additional requirements
for the retention of electronic records that are subject to the supervision of
the public sector agency.
Electronic signatures
Where any enactment requires a signature, or provides for certain consequences if a
document is not signed, an electronic signature shall satisfy that requirement.
PART III - LIABILITY OF NETWORK SERVICE PROVIDERS
9.
Liability of network service providers
(1)
(2)
(3)
Subject to subsection (2), a network service provider shall not be subject to any civil
or criminal liability in respect of third-party material in the form of an electronic
record to which he merely provides access where such liability is limited to (a)
the making, publication, dissemination or distribution of such materials or
any statement made in such material; or
(b)
the infringement of any right subsisting in or in relation to such material.
Nothing in this section shall affect (a)
an obligation founded on contract;
(b)
the obligation of 'a network service provider as such under a licensing or
other regulatory regime established under any enactment; or
(c)
any obligation imposed under any enactment or by a Court to remove, block
or deny access to any material.
For the purposes of this section “provide access", in relation to third-party material (a)
means provide the necessary technical means by