electronic transaction includes a transaction where the use of data, defined as
electronic representations of information, is intrinsic to or is at the least an element of
the transaction.282 It is in point, therefore, to define an electronic transaction as a
transaction which includes transactions where the use of data is a basic component
of the transaction.283 Wood-Bodley similarly echoes the inadequacy of the definition.284
The Lesotho Bill’s definition of an electronic transaction matches the ECT Act’s
definition of a transaction.
It is noted that the Bill’s definition of an electronic
transaction only defines a transaction, in exclusion to an element of a data, which is
basic in the definition of an electronic transaction.285 It would be desirable that the Bill
should rather adopt the definition of an electronic transaction that synchronise a
transaction and a data definition, which would depict the definition as a transaction
either of a commercial or non-commercial nature where the use of data is a basic
component, as propounded by Papadopolous.286
3.2.3 Data messages and electronic communication in the Lesotho Bill
Data message means information generated, sent, received or stored by electronic
magnetic optical or similar means including, but not limited to, electronic data
interchange, electronic mail, mobile communications e.g. SMS audio and video
recordings.287 An electronic communication is a communication by means of data
messages as per the definition in the Bill.288
3.2.4 Data message and electronic communication in the RSA ECT Act
The ECT Act defines a data message as data generated, sent, received or stored by
electronic means and includes voice where the voice is used in an automated
transaction and a stored record, whereas, data means electronic representations of
282
Papadopoulos et al (2012: 65).
Papadopoulos, S. Hamann, B. Direct marketing and spam via electronic communications: an analysis of the
regulatory framework in South Africa available at www.dejure.up.ac.za/index.php/volumes/47-volume-12014/articles/papadopoulos -s-hamann-b (accessed 20 June 2015).
284 Wood-Bodley (2004: 526)
285 S1 of the Bill.
286 Papadopoulos et al (2012:65).
287 S1 of the Bill.
288 S1 of the Bill.
283
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