78 GOVERNMENT No. 23708 Act No. 25,2002 GAZETTE. 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (4) A data message made by a person in the ordinary course of business,or a copy or printout of or an extract from such data message certified to be correct by an officer in the serviceof such person, ison its mere productionin any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self regulatory organisation or anyotherlaw or thecommon law. admissible in evidenceagainstany person and 5 rebuttable proof of the facts contained in such record, copy, printout or extract. Retention 16. ( 1 ) Where a law requires information to be retained, that requirement is met by retaining such information in the form of a data message. if( 0 ) the information contained in the data message is accessible so as to be usable 10 for subsequent reference: ( h ) the data message is in the format in which it was generated. sent or received, or ina formatwhichcan be demonstratedtorepresentaccurately the information generated, sent or received; and (L.) the origin and destination of that data message and the date and time it was 15 sent or received can be determined. ( 2 ) The obligation to retain information as contemplated in subsection ( 1 ) does not extend to any information the sole purpose of which is to enable the message to be sent or received. Production of' document or information subsequent 20 17. ( 1 ) Subject to section 28. where a law requires a person to produce a document or information, that requirement is met if the person produces, by means of a data message, an electronic form of that document or information. and if( ( I ) considering all the relevant circumstances at the time that the data message was sent. themethod of generatingtheelectronicform of thatdocument 25 provided a reliable means of assuring the maintenance of the integrity of the information contained in that document: and ( h i at the time the data message was sent, i t was reasonable to expect that the information contained therein would be readily accessible so as to be usable for 30 ( 3 )For the purposes of subsection ( I ) , the integrity of the information contained ina document is maintained if the information has remained complete and unaltered, except for( N J the addition of any endorsement: or ( h ) any immaterial change, which arises in the normal course of communication, 35 storage or display. Notarisation, acknowledgement and certification 18. ( 1 ) Where a law requires a signature. statement or document to be notarised, acknow,ledged. ierified or made under oath. that requirement is met if the advanced electronic signature of the person authorised to perform those actsisattached to, 40 incorporated in or logically associated with the electronic signature or data message. ( 3 )Where a l a w requires or permits a person to provide a certified copy of a document and the documentexists in electronicform, that requirement is met if the person provides a print-out certified to be a true reproduction of the document or information. (3) Where a law requires or permits a person to provide a certified copy of a document 45 and the document exists in paper or other physical form, that requirement is met if an electronic copyof the documentis certified to be a true copy thereof and thecertification is confirmed by the use of an advanced electronic signature.

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