142
No. 4 of 2021]
Electronic Communications and Transactions
(2) Where an electronic signature is not required by the parties
to an electronic transaction, an expression of intent or other statement
shall not be without legal effect merely on the grounds that—
(a) it is in the form of a data message; or
(b) it is not evidenced by an electronic signature but is
evidenced by other means from which that person’s
intent or other statement may be inferred.
(3) Where an advanced electronic signature is used as a valid
signature, that signature shall be treated as a valid electronic signature
and to have been applied properly, unless the contrary is proved.
Determination
of originality
of data
message
8. (1) Where a law requires information to be presented or
retained in its original form, that requirement is met by a data message
if—
(a) the integrity of the information from the time when it was
first generated in its final form as a data message, or
otherwise, has passed the assessment specified under
subsection (2); and
(b) that information is capable of being displayed or produced
to the person to whom it is to be presented.
(2) For the purposes of subsection (1)(a), the integrity of any
information is assessed—
(a) by considering whether the information has remained
complete and unaltered, except for the addition of any
endorsement and any change which arises in the normal
course of communication, storage and display;
(b) in the light of the purpose for which the information was
generated; and
(c) by having regard to other relevant circumstances.
Admissibility
and
evidential
weight of
data
message
9. (1) In any legal proceedings, the rules of evidence shall
not be applied so as to deny the admissibility of a data message in
evidence —
(a) on the mere grounds that it is constituted by a data message; or
(b) if it is the best evidence that the person adducing it could
reasonably be expected to obtain, on the grounds that it is not in its
original format provided the substance is the same.
(2) Information in the form of a data message shall be given
due evidential weight.
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