Annex I: List of Recommendations
R.1
The Task Force recommends the preparation and adoption of such
purposive provisions
R.2
The Task Force recommends that any electronic transaction law be
generally applicable to all civil and administrative law matters.
R.3
The Task Force recommends that private entities be given the freedom to
depart from the provisions of the electronic transactions law by agreement,
in specified circumstances.
R.4
The Task Force recommends that a comprehensive set of statutory
definitions be incorporated in the electronic transactions legislation.
R.5
Provisions should be drafted recognising the validity of electronic
communications as meeting as requirement for a ‘writing’, ‘signature’ or
‘original’ and all areas where the law requires a person to file paper
documents with public bodies including licensing, certification. Such
validity may be subject to certain conditions being met and exemptions
may be made for certain specified legal acts. The Task Force recommends
the wording used in the United Nations Convention on the Use of
Electronic Communications in International Contracts (2005).
R.6
The Task Force recommends that these issues of contract law be expressly
addressed in the electronic transactions law and recommends the wording
used in the United Nations Convention on the Use of Electronic
Communications in International Contracts (2005).
R.7
The Task Force recommends that the electronic transaction law facilitates
electronic record-keeping and permits the admission of electronic records
as evidence before a judicial, administrative or dispute resolution body,
subject to certain conditions.
R.8
The Task Force recommends that regional standards be developed,
reflecting international standards, to assist judicial, administrative or
dispute resolution bodies to evaluate the evidential value of electronic
records.
R.9
The Task Force recommends that the electronic transactions law addresses
the issue of when and where an electronic communication is sent and
received, and recommends the wording used in the United Nations
Convention on the Use of Electronic Communications in International
Contracts (2005).
R.10
The Task Force recommends that specific provision be made in any
electronic transaction law stating that public authorities should accept
electronic modes of communication.
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