No. 33
53
Electronic Transactions
99.__(1) In order to promote the development and the use of
information technologies and electronic communications in Malawi
and contribute to effective application of this Act, professional
associations and organizations shall be encouraged to develop codes
of conduct.
(2) A code of conduct shall in particular facilitate__
Codes of
conduct
(a) the implementation of self-regulation practices with the
assistance of representatives of consumers;
(b) access by consumers to information and advice regarding
e-commerce;
(c) the setting up of alternative dispute resolution mechanisms
between professionals and consumers at no fee to consumers;
and
(d) communication, cooperation, elaboration and effective
implementation of joint initiatives between companies, representative consumer associations and the Government to fight against
fraudulent, misleading and unfair practices.
(3) A code of conduct shall be notified to the Authority and enter
into force upon publication in the Gazette.
100. Where any inconsistency arises between a provision of this
Act and a provision of any other written law relating to the
regulation of electronic transactions, the provisions of this Act shall
prevail to the extent of the inconsistency.
101. The Authority may in its discretion impose administrative
penalties to persons who violate a provision of this Act or the
regulations made under it by imposing a fine not exceeding
K5,000, 000.
102.__(1) The Minister may, in consultation with the Authority,
by notice published in the Gazette, make regulations for carrying
out the purpose and provisions of this Act into effect and
prescribing all matters which are necessary or convenient to be
prescribed for the better carrying out of the provisions of this Act
and, without derogation from the generality of the foregoing, such
regulations may provide for__
(a) the requirements and standards which registries and the
registrar shall meet in order to operate with operational accuracy,
stability, robustness and efficiency;
(b) the circumstances and manner in which registrations may
be assigned, registered, renewed, refused, or revoked by the
registries;
Act to prevail
in case of
inconsistency
Administrativ
e penalties
Regulations