ectronic 30 GOVERNMENT G A Z E T E , 2 AUGUST 2002 No. 23708 Act No. 2 5 2 0 0 2 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 Other requirements 19. (1) A requirement in a law for multiple copies of a document to besubmitted to a single addressee at the same time, satisfied is by the submissionof a single data message that is capable of being reproduced by that addressee. (2) An expressionin a ha.. whether used as a noun or verb, including theterms 5 “document”,“record”, “file”. “submit”,“lodge”,“deliver”,“issue”,“publish”, “write in”, “print” or words or expressions of similar effect, must be interpreted so as to include or permit such form. format or action in relation to a data message unless otherwise provided for in this Act. (3) Where a seal is required by law to be affixed to a document and such law doesnot 10 prescribe the method or fonn by which such document maybe sealed by electronic means, that requirement is met if the document indicates that it is required to be under seal and i t includestheadvancedelectronicsignature of the person by whomitis required to be sealed. ( 3 )Where any law requires or permitsa person to send a document or information by 15 rezistered or certified post or similar service. that requirement is met if an electronic copy of the document or information issent to the South African Post Office Limited, is registered by the said Post Office and sent by that Post Office to the electronic address provided by the sender. 20 Automated transactions an 30. In an automated transactionan agreement may bc formed where an electronic agent performs an action required by law for agreement formation: an qreement may be formed where all parties to a transaction or either one of uses them a part)’ usin: an electronic agent tofonu an agreement is, subject toparagraph i d ) . presumed to be bound by the terms of that agreement irrespective of whether that person reviewed the actions of the electronic agent or the terms of the as Greenlent: A party interacting u~ithan electronic agent to form an agreement is not bound by the terms of the agreement unless those terms were capable of being revie\ved by a catural person representing that party priorto agreement formation. no agreement is formedwhere a natural person interacts directljr with the electronic agent of another person and has made a material error during the creation of a data message and(i) the electronic agent did not prolride that person with an opportunit!, to prevent 0:‘ conect the error: (ii) that person notifies the other person of the error as soon as practicable after that person has learned of it: (iii) l h a ~person takes reasonable steps. including steps that conform to the othel- person‘s instructions to return an!’ performance recei\!ed. or. if instl-ucted to do so. to destro! that perfbrmance: and ( i \ ) that ptrson has not used or recei\.ed any material benefit or value from an)’ performance received from the other person. 25 30 35 40 15 Part 2 Communication of data messages Variation by agreement between parties 21. This Part 0111)~applies if the parties involved in generating. sending. receiving, storin: or otherwise processing data messages have not reached agreement on the issues 50 proiided for therein.