It is already acceptable in law that a contract could still be binding even
if it is not physically signed. A signature is often only required for
evidentiary purposes. The Act provides that an electronic record meets
that requirement if the method of identifying the signatory meets certain
requirements (i.e. an electronic signature or electronic certificate).
5. Certification Service Providers:
The legislation should make provision for authorizing certification service
providers to issue accredited certificates that confirm the veracity of an
electronic signature. It should recognize certificates and certification
service providers for any other jurisdiction. [Insurance companies have a
new potential market in the insurance of the liability of such certification
service providers if one of their certificates turns out to be wrongly issued,
causing loss to those who relied on it.
6. Formation and validity of contracts and acknowledgement:
The legal principle of offer and acceptance, developed over many
centuries, is one of the basic requirements for the formation of a contract.
Legislation would need to provide that an offer and the acceptance of
an offer may be expressed by means of an electronic record. It should
establish rules of acknowledgment of receipt of an electronic record.
7. Virtual companies
Legislation would need to determine whether an offshore company,
which merely offers goods and services electronically from a web site
hosted in Grenada or transacts business through a server in Grenada, will
be regarded as carrying on business in Grenada, and whether that
company will be required to apply to the Government for a permit or
incorporate a Grenada company; whether an overseas company with
34
A STRATEGY AND ACTION PLAN FOR GRENADA
Anurag Sinha