Electronic Transactions Act, 2008
Act 772
“website” means a location on the Internet containing a home
page or web page; and
“World Wide Web” means an information browsing framework
that allows a user to locate and access information stored on a
remote computer and to follow references from one computer
to related information on another computer.
MEMORANDUM
This Bill forms part of the e-legislation package for statutory authority
for the 2005 National Telecom Policy to provide a legal framework for
electronic transactions amongst others. The Bill provides for and facilitates
electronic communications and related transactions in the public interest
and applies to all electronic transactions and electronic records.
It is the object of Government to facilitate the use of electronic media
to speed up government and private business in recognition of the need to
provide a framework for the preparation, processing, storage, transmission
and receipt of electronic data in a secured, efficient, trustworthy manner.
Furthermore, Government desires to prevent the use of electronic media
for illegal or unlawful acts.
The Bill is divided into twelve groups of clauses. These deal with
electronic transactions, electronic government services, the certifying
agency and consumer protection. Other groups of clauses relate to the
Appeal forum, Industry forum, the duties of service providers and cyber
offences.
The first group of clauses, clause 1 – 4 sets the framework for the Bill
by providing the object of the legislation, application and scope of the Bill.
The second group of clauses, clause 5 - 24 deals with electronic
transactions and provides for the recognition and admissibility of electronic
records and electronic signatures, the recognition of electronic certificates,
electronic notarisation, acknowledgement and certification services, and
automated transactions, clause 5 – 17.
Electronic documents will satisfy the requirement of writing imposed
by any law and will not be denied admissibility in evidence if they are
accessible and capable of being retained for subsequent reference. Where
the law requires multiple copies of a document to be submitted to a single
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