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Electronic Transactions Act, No. 19 of 2006
Electronic Transactions Act. No. 19 of 2006
CHAPTER II
6.
Eiecrronic Form
3.
No
data message,
electronic
document,
electronic
recognition of
tecord or other,communication shall be denied legal
recognition, effect, validity or enforceability on the ground
that it is in electronic form.
Requirement for
writing.
4. Notwithstanding the fact that the provisions of written
laws forthe time being. in force in Sri Lanka attach legal
validity to certain instruments, only if such instruments have
been reduced to writing, such requirement shall be deemed
to be satisfied by a data message, electronic document,
electronic record or other communication in electronic form
electronic
records.
(a)
the information in the data message, electronic
document, electronic recerd or communication is
accessible so as ta be usable for subsequent
reference ; and
{b)
the data message, electronic document, electronic
record or communication is retained in the farmat
in which it was generated, sent or received, or ina
format which can be demonstrated to represent
accarately the information generated, sent or
received ; and
usable for subsequent reference.
for original
form.
5.
(c)
(1) Where the law requires information to be presented
or retained in its origina] form, that requirement shall be
deemed to be satisfied by a data
document,
electronic
record
message,
or other communication
or other communication
subsequent reference.
is available and can be used for
'
(2) For the purposes of subsection (1)}—
{a)
the criterion for assessing: the integrity af
information, is whether such information has
remained complete and unaltered, apart from the
addition of any endorsement or any change which
arises
in the normal
storage or disp ay ; and
(b)
course
of communicatiqn,
the standard for reliability of the assurance shall be
assessed having regard to the purpose for which the
information was generated and all other relevant
circumstances.
document,
electronic
record
or other
communication and the cate and time when such
in
in the data message, electronic document, electronic record
such information, enables the identification of the
Origin and destination of the data message,
electronic
electronic
electronic form if there exists a reliable assurance as to the
integrity of the information from the lime when it was made
available in electronic form and the information contained
Recyirements for
retention.
notwithstanding the fact that such information was not
originally generated in electronic form, if——
if the information contained therein is accessible so-as to be
Requirements
The requirement under any law that information be
retrined, shall be deemed to be satisfied by the retention in
electronic form of information contained in a data message,
electronic document, electronic record or other communication
RECOGNITION Dat), MESSAGES AND OTHER COMMUNICATIONS IN
Legal
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information
retained :
was
generated,
sent
or received,
is
Proviced that the provisions of this section shall not apply
to any information, which is automatically generated solely
for the purpose of enabling an electronic record to be
dispatched or received.
7.
Where
any Act or enactment
provides
that any
information of communication shalt be authenticated by
affixing the signature, or that any document should be signed
or bear the signature of any person, then, notwithstanding
anything contained ‘n such law, such requirement shall be
seemed to be satisfied, if such information or matter is
authenticated by means of an electronic signature.
Explanation— for the purpose of this ‘section, “sien” with
its
gtamuraticel varittuns and cognate expressions, shall, with
refurcnee to a person mean, the affixing of his hatid-written
Signature or any mark on arty document and the expressio
n
“signature” shall be ecastrued accordingly.
:
Legal
recognition of
electronic
signatures.