10
Electronic Transactions Act, No. 19 of 2006
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that—
17.
For the avoidance of doubt it is hereby declared
if the originator and. the addressee are in different
(a)
if an offer and acceptance.of an.offer has been in
whole or in part expressed by means of an electronic
record, an electronic. signature attached to, or
logically associated with, such electronic record
shall not be denied Jegal effect.soley on the ground
that itis with an electronic signature ;
(6)
if an electraric communication is used in
formaticn of a contract, the contract shall not
denied validity or enforceability solely on
ground that an electronic record had been used
such purpose ;
15. The Minister may by regulation prescribe the matters
which may be agreed to between the parties to such contract,
involving
the generating,
sending, ” receiving,
storing or
otherwise processing of data messages, e'ectronic documents,
electronic records or other communicat’on, in relation to the
provisions of Chapter JIT,
Liability of
Certification
Service
Providers.
16.
(lA Certification Service Provider shall not te
Subject to any civil or crimina! liability for any transaction
under this Act in, respect of third party information in the
form of dats messapes, electronic documents, electronic
records or other communications to which he merely provides
access, if such liability is founded, on —
(a)
(6)
the making, publication, dissemination, or
distribution of such information or any statement
made in such information ; or
the infringemerit of any rights subsisting in or in
relation to such information.
(2) Nothing in this section shall effect{a)
any obligation founded on contract ;
(2)
the obligations of a Certification Service Provider
providing such services under a licensing or other
regulatory regime established under any written
law ; or
(c)
lt
“usual: place of residence” in relation to a body
corporate, means the place where it is registered :
time zones, time refeis to Universal Standard Time.
Variation by
agreement.
Electronic Transactions Act, No. 19 af 2006
any obligation imposed under any written Jaw or by
4 court to remove,
information.
block or deny access to any
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Avoidance
detubt.
of
the
be
the
for
the accepted principles of common law relating to
contracts that the offeror may prescribe the method
of communicating acceptance, shall not be affected
by anything contained in this Chapter ;_
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acontract formed by the interaction of an automated
message system and a natura! person or by the
interaction of automated message systems, shall not
be denied validity or
ground that there was
a natural person of the
actions carried out
system.
enforceability solely on the
no.review or intervention by
final contrct or of each of the
by the automated message
CHAPTER IV
CERTIFICATION AUTHORITY AND CERTIFICATION OF SERVICE ProviDers
18. (1) There shall be a Certification Authority
designated by-the Minister for the purposes of this Act in
consultation with the Minister ini charge of the subject of
Information and Communication Technology,
Designation of a
Certification
Authority.