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

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