Electronic Communications and Transactions [No. of 2020 141 PART II LEGAL REQUIREMENTS FOR DATA MESSAGES 4. (1) Data has legal force and effect if that data— (a) is wholly or partly in the form of a data message; and (b) is not contained in the data message purporting to give legal effect, but is merely referred to in that data message. (2) Information incorporated into an agreement and that is not in the public domain shall be treated as having been incorporated into a data message if that information is— (a) referred to in a way in which a reasonable person would have noticed the reference to and the incorporation of the information; or (b) accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as the information is reasonably capable of being reduced to electronic form by the party incorporating it. 5. A requirement in law that a document or information shall be in writing is met if the document or information is— (a) in the form of a data message; and (b) accessible and capable of being retained in a manner usable for subsequent reference. 6. (1) Where the signature of a person is required by law and that law does not specify the type of signature, that requirement in relation to a data message is met if an advanced electronic signature is used. Legal requirements for data message Writing Use of advanced electronic signature (2) Subject to subsection (1), an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form. 7. (1) Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature to be used, that requirement is met in relation to a data message if— (a) a method is used to identify the person and to indicate the person’s approval of the information communicated; and (b) having regard to the relevant circumstances at the time the method was used, the method was reliable and appropriate for the purposes for which the information was communicated. Use of electronic signature