24 No. 23708 GOVERNMENT GAZETTE, 2 AUGUST 2002 ~~ Act No. 25,2002 ~ ~- ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (6) facilitate the development of web sites or web site portals that will enable SMMEstotransactelectronicallyandobtaininformationabout markets, products and technical assistance; and (c) facilitate the provision of such professional and expert assistance and advice to SMMEs on waystoutiliseelectronictransactingefficientlyfortheir development. 5 Part 2 Electronic transactions policy Electronic transactions policy of objects 10. (1) The Minister must, subject to this Act,formulate electronic transactions policy.10 (2) In formulating the policy contemplatedin subsection (l),the Minister must(a) act in consultation with members'of the Cabinet directly affected by such policy formulation or the consequences thereof; (b) have due regard tothe (i) Act; this 15 (ii) the nature, scope and impact of electronic transactions; (iii) international best practice and conformity with the law and guidelinesof other jurisdictions and international bodies; and (iv) existing laws and their administration in the Republic. (3) The Minister must publish policy guidelines in the Gazette on issues relevant to 20 electronic transactionsin the Republic. (4) In implementing this Chapter, the Minister must encourage the developmentof innovative information systems and the growth of related industry. CHAPTER I11 FACILITATING ELECTRONIC TRANSACTIONS 25 Part 1 Legal requirements for data messages Legal recognition of data messages 11. (1) Information is not without legal force andeffect merely on thegrounds that it form the in partly wholly or is message. data of a 30 (2) Information is not without legal forceand effect merely on the grounds that itis not contained in the data message purportingto give rise to such legal force and effect, but is merely referred to in such data message. (3) Information incorporated into an agreement and that not is in the public domain is regarded as having been incorporated into a data message if such information is35 ( a ) referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and (b) accessible in a form which in it may be read,stored and retrievedby the other party, whetherelectronicallyorasacomputerprintout as, longassuch information is reasonably capable of being reduced to electronic form by the 40 party incorporating it. Writing 12. A requirement in law that a documentor information must bein writing is met if the document or information is(a) in message; the andform data of a 45 (b) accessible in a manner usable for subsequent reference.