LAWS OF BRUNEI
2008 Ed.
Electronic Transactions
CAP. 196
13
PART II
ELECTRONIC RECORDS AND SIGNATURES GENERALLY
Legal recognition of electronic records.
6.
For the avoidance of doubt, it is hereby declared that information
shall not be denied legal effect, validity or enforceability solely on the
ground that it is in the form of an electronic record.
Requirement for writing.
7.
Where any rule of law requires information to be written in writing to
be presented in writing or provides for certain consequences if it is not, an
electronic record satisfies that rule of law if the information contained
therein is accessible so as to be usable for subsequent reference.
Electronic signatures.
8.
(1) Where any rule of law requires a signature, or provides for
certain consequences if a document is not signed, an electronic signature
satisfies that rule of law.
(2) An electronic signature may be proved in any manner, including
by showing that a procedure existed by which it is necessary for a party, in
order to proceed further with a transaction, to have executed a symbol or
security procedure for the purpose of verifying that an electronic record is
that of such party.
Retention of electronic records.
9.
(1) Where any rule of law requires that certain documents, records or
information be retained, that requirement is satisfied by retaining them in the
form of electronic records if the following conditions are satisfied —
(a) the information contained therein remains accessible so as
to be usable for subsequent reference;
(b) the electronic record is retained in the format in which it was
originally generated, sent or received, or in a format which can be
demonstrated to represent accurately the information originally
generated, sent or received;
B.L.R.O. 4/2008