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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