6
Publication in
electrome forms
of Gazette &c.,
deemed 10 be
publication.
Electronic Transactions Act, No.
9. Where any Act or enactment provides that any
Proclamation, rule, regulation, order, by-law, notification, or
other matter shall be published in the Gazerte, then such
requirement shall be deemed to have been satisfied if such
rule, regulation, order, by-law, notification or other matter is
published in an electronic form of the Gazette.
Mo right to insist
on records being
in electronic
form.
10.
Electronic Transactions Act, Ne. 19 of 2006-
19 of 2006
(2) Unless otherwise agreed as between the originator and
the addressee, the addressee is to regard a data message,
electronic document,
clectroni¢ record or Other
communication as being that of the originator, and js entitled
to act on that assumption, if :—
(a)
the addressee has no reason to doubt the autherticity
of the data message, electronic document, electronic
record or other communication ; or
(6)
there do not exist. any circumstances where. the
addressee knows,,or ought to have. known by
exercising reasonable care, that the data message,
électronic-document, electronic record or. other
Nothing contained in the preceding sections shall
confer a right upon any person to insist that any Ministry,
Government Department, Institution, Statutory Boay or Public
Corporation or other similar body should accept or issue, any
document in the form of electronic records or effect any
monetary transaction in electronic form.
communication was authentic.
CHAPTER I
ELECTRONIC CONTRACTS
Electronic
Contracts.
Jl. Inthe context of contract formation, unless otherwise
agreed by the parties, an offer and the acceptance of an offer
may be expressed in electronic form. A contract shall not be
denied legal validity or enforceability on the sole ground
13.
(1) Where the originator has not agreed with the
addressee that acknowleagement of receipt be given in a
particular form or by @ particular method, such an
acknowledgement may be given by(a)
that it is in electronic form.
Attribution of
electronic
records.
12. {1} Unless otherwise agreed as between an originator
and the addressee, a data message, electronic document
electronic record or other communication shal! be deemed to
be that of the originator, if it was sent(a)
(6)
by the originator himself;
by a person who had the authority ta act for and on
behalf of the originator in respect of that data
message, electronic document, electronic record or
other communication ; or
(c)
by an automated information system programmed
by, or on behalf of the originator.
7
any data message, electronic document, electronic
record or other communication by tke addressee,
automated or otherwise ; or
(b)
any conduct of the addressee, sufficient to indicate
to the originator that the data message, electronic
document, electronic record or other communication
has been received.
(2) Where the originator has stipulated that deta message,
electronic
document,
electronic
record:
or
other
communication shall be binding only on receipt of an
acknowledgement of réceipt of such data message, electronic
document, electronic record or other communication by him,
then, unless acknowledgement has been so received the data
message. electronic document, electronic record or other
communication shali be deemed to have never been sent by
the originator.
Acknowledgement
of receipt.