1st April 2018

GUYANA

BILL No.

of 2018

ELECTRONIC COMMUNICATIONS AND TRANSACTIONS BILL 2018
ARRANGEMENT OF SECTIONS

SectionPART IPRELIMINARY
1.

Short title.

2.

Interpretation.

3.

Act binds the State.

4.

Non-application of Act.

5.

Autonomy of parties.

6.

Consumer consent to electronic record.
PART IILEGAL REQUIREMENTS RESPECTING ELECTRONICCOMMUNICATIONS AND RECORDS

7.

Legal recognition of electronic communications.

8.

Legal recognition of electronic records.

9.

Requirement to provide access to information in paper form.

10.

Furnishing of information in prescribed forms.

11.

Delivery of information.

12.

Information in original form.

13.

Retention of documents, records or information in electronic form.

14.

Other requirements.
1

1st April 201815.

Comparison of documents with original.

16.

Admissibility and evidential weight of electronic communications.
PART III
ELECTRONIC CONTRACTS

17.

Formation and validity of contracts.

18.

Effectiveness between parties.

19.

Invitation to make offer.

20.

Use of automated message systems for contract formation.

21.

Error in electronic communications.

22.

Attribution.

23.

Acknowledgment.

24.

Time of dispatch.

25.

Time of receipt.

26.

Place of dispatch and receipt.
PART IV
ELECTRONIC SIGNATURES

27.

Requirement for signature.

28.

Equal treatment of signatures.

29.

Conduct of relying party.

30.

Conduct of the signatory.

31.

Conduct of electronic security procedures providers.

32.

Recognition of foreign certificates and electronic signatures.
PART VSECURE ELECTRONIC COMMUNICATIONS,RECORDS AND SIGNATURES

33.

Secure electronic communication or record.

34.

Secure electronic signature.

35.

Presumptions relating to secure electronic communications, records andsignatures.
2

1st April 2018

PART VI
ELECTRONIC SECURITY PROCEDURES PROVIDERS
36.

Designated authority.

37.

Electronic security procedures and providers.

38.

Regulation of security procedures and security procedure providers.
PART VII
ELECTRONIC RECORDS, INFORMATION, SIGNATURES,
ELECTRONIC SYSTEMS IN PUBLIC AUTHORITIES39.

Use of electronic records, information and signatures by public authorities.

40.

Establishment of electronic systems.
PART VIIIINTERMEDIARIES AND ELECTRONIC-COMMERCESERVICE PROVIDERS

41.

Liability of intermediaries.

42.

Procedure for dealing with unlawful or defamatory information.

43.

Codes of conduct and standards for intermediaries and e-commerce service
providers.
PART IXCONSUMER PROTECTION

44.

Consumer protection.

45.

Right of rescission.

46.

Unwanted communications.
PART XMISCELLANEOUS

47.

Audit of documents, etc.

48.

Regulations.

49.

Act to have overriding effect.

50.

Removal of difficulties.
SCHEDULE
3

1st April 2018

A BILL
Intituled

AN ACT to provide for the facilitation and regulation of secure electronic
communications and transactions and for their legal recognition, to promote thedevelopment of the legal and business infrastructure necessary to implement secure
electronic commerce and to enhance efficient delivery of governance by publicauthorities by means of reliable electronic records and electronic filing of
documents and for related matters.

A.D. 2018

Enacted by the Parliament of Guyana:-

PART IPRELIMINARY
Short title.

1. This Act may be cited as the Electronic Communications andTransactions Act 2018.

Interpretation.

2. ( 1) In this Act –“addressee” in relation to an electronic communication,means a person who is intended by the originator toreceive the electronic communication, but does notinclude a person acting as an intermediary with respect
to that electronic communication;"automated message system" means a computer program oran electronic or other automated means used to initiate
an action or respond to electronic communications or
performances in whole or in part, without review orintervention by a natural person each time an action is4

1st April 2018

initiated or a response is generated by the program orelectronic or other means;“certificate” means an electronic record that confirms thelink between a signatory and the signature creation
data, identifies the signatory and the entity that issues
it and includes other information such as its
operational period;"communication" includes

any statement,

declaration,

demand, notice, request, offer or the acceptance of an
offer, that the parties are required to make or choose to
make in connection with the formation or performanceof a contract;“consumer” means any person who enters or intends to enter
into an electronic transaction with an electroniccommerce service provider as the end user of thegoods or services offered by the provider;“Court” means the High Court of Guyana;“data” means any document, correspondence, memorandum,
book, plan, map, drawing, pictorial or graphic work,
photograph,film,

microfilm,

soundrecording,

videotape, machine-readable record and any otherdocumentary material, regardless of physical form or
characteristics, and any copy of those things;“digital signature” means is an electronic signature that canbe used to authenticate the identity of the sender of amessage or the signer of a document;“electronic” includes electrical, digital, magnetic, wireless,
optical, electro-magnetic, biometric, photonic andsimilar capabilities;
5

1st April 2018

“electronic-commerce service provider” means a person who
uses electronic means in providing goods or services
or both;“electronic communication” means information which iscommunicated,

processed,

recorded,displayed,created, stored, generated, received or transmitted byelectronic means;“electronic form” with reference to information, means any
information generated, sent, received or stored inmedia, magnetic form, optical form, computer
memory, microfilm, computer generated microfiche orsimilar device;"electronic

record"means

arecordgenerated,

communicated, received or stored by electronic meansin an information system or for transmission from one
information system to another;“electronic

security

procedure”

means

a

procedure

established under section 37 or agreement or
knowingly adopted by each party, that is employed forthe purpose of verifying that an electronic signature,communication or performance is that of a particularperson or for detecting changes or errors in content of
an electronic communication such as a certificate;"electronic security procedure provider" means a person
involved in the provision of an electronic security
procedure and related services;“electronic signature” means the various ways that anelectronic document or record can be signed, such as adigitized image of a signature, a name typed at the end
6

1st April 2018of an e-mail message by the sender, a biometricidentifier, a secret code or PIN, or a digital signature;“electronic transactions” includes the single communicationor outcome of multiple communications involved in
the sale or purchase of goods and services conducted
over computer-mediated networks or information
systems, where the goods and services may be orderedthrough such networks or systems but the payment andultimate delivery of the goods and services may occur
without the use of such networks or systems;“information” includes data, text, documents, images,
sounds, codes, computer programmes, software anddatabases;"information system" means a system for generating,sending, receiving, storing or otherwise processing
electronic records;“intermediary” with respect to an electronic communication,means a person including a host who on behalf ofanother person, sends, receives, transmits or stores
either temporarily or permanently that electronic
communication or provides related services withrespect to that electronic communication and includes
telecommunication service providers, network service
providers, internet service providers, search engines,
online payment sites, online auction sites, online
market places and cyber cafes;“Minister” means the Minster with responsibility forelectronic commerce;"originator", in relation to an electronic communication,7

1st April 2018means a party by whom, or on whose behalf, theelectronic communication has been sent or generated
prior to storage, if any, but does not include a party
acting as an intermediary with respect to thatelectronic communication;“public authority” means any Ministry, department, agency,
board, commission, local democratic organ or otherbody of the Government and includes an entity or
body established by law or by arrangement of theGovernment or a Minister for a non-commercial
public service purpose;“record” means information that is inscribed, stored orotherwise fixed on a tangible medium or that is stored
in an electronic, paper-based or other medium and isretrievable in visible form;"secure electronic communication or record" means anelectronic record that is treated as a secure electronic
record by virtue of section 33(1);"secure electronic signature" means an electronic signaturethat is treated as a secure electronic signature by virtueof section 34;“signatory” means a person who may or may not hold asignature-creation device and acts either on his or its
own behalf or on behalf of another person to create anelectronic signature;“signature creation data” means unique data, including codes
or private cryptographic keys or a uniquely configured
physical device which is used by the signatory increating an electronic signature;8

1st April 2018“signed” or “signature” and its grammatical variations meansa method (electronic or otherwise) used to identify aperson and to indicate the intention of that person in
respect of the information contained in a record.
(2) In this Act, “place of business”, in relation to a party, means –(a) any place where the party maintains a non-transitory
establishment to pursue an economic activity otherthan the temporary provision of goods or services
out of a specific location; or(b) if the party is a natural person and he does not havea place of business, the person’s habitual residence.
(3) For the purposes of subsection (2) —(a) if a party has indicated his place of business, thelocation indicated by him is presumed to be his placeof business unless another party proves that the party
making the indication does not have a place ofbusiness at that location;(b) if a party has not indicated a place of business andhas more than one place of business, then the placeof business is that which has the closest relationshipto the relevant contract, having regard to thecircumstances known to or contemplated by theparties at any time before or at the conclusion of thecontract;(c) a location is not a place of business merely becausethat location is —(i) where equipment and technology supporting9

1st April 2018

an information system used by a party inconnection with the formation of a contract
are located; or(ii) where the information system may beaccessed by other parties; and(d) the sole fact that a party makes use of a domain nameor an electronic mail address connected to a specificcountry does not create a presumption that its placeof business is located in that country.

(4) Where an electronic communication does not relate to any
contract, references to a contract in subsection (3) shall refer to therelevant transaction.
Act binds the State.

3. (1) This Act binds the State.

(2) Except as otherwise provided, nothing in this Act obliges any
public authority to generate, send, receive, store or otherwise
process any record by electronic means, but the Minister may, by
notice published in the Gazette, declare that a public authority may
receive and process electronic communications relating to thematters specified in the notice.
Non-application of Act.
Schedule

4. (1) This Act does not apply to the documents and transactions
specified in the Schedule.

(2) The Minister may, by order, amend the Schedule.
Autonomy of parties.

5. (1) Nothing in this Act shall –10

1st April 2018(a) require any person to use or accept electronic
communications, electronic signatures or electronic
contracts; or(b) prohibit any person engaging in a transaction throughthe use of electronic means from(i) varying by agreement any provision specified
in Parts II, III, and IV;(ii) establishing reasonable requirements aboutthemannerinwhichelectronic

communications, electronic signatures orelectronic forms of documents may be
accepted.

(2) A transaction which has been conducted using electronicmeans shall not be denied legal effect, validity or enforceability
solely for the reason of the type or method of electronic
communication, electronic signature or electronic authentication
selected by the parties.
Consumer consent toelectronic record.

6. Where a statutory or legal requirement exists for a record to beprovided in writing (paper form) to a consumer, the requirement for
writing shall be satisfied by the record provided in electronic form if–(a) the consumer has expressly consented to the use and has
not withdrawn his consent; and(b) prior to consenting, the consumer is provided with a
clear

and

conspicuous

statement

informingtheconsumer(i)about the right to have the record provided in11

1st April 2018

paper form;(ii)

about the right to withdraw consent to have therecord provided in electronic form and of any
conditions, consequences or fees in the event of
the withdrawal;(iii) whether the consent applies only to theparticular transaction which gave rise to the
obligation to provide the record, or to identified
categories of records that may be provided
during the course of the parties’ relationship;(iv) of the hardware and software requirements foraccess to, and retention of, the relevant
electronic record;(v)of the procedures for withdrawal of consent andto update information needed to contact theconsumer electronically; and(vi) of the procedures, after consent has been given,for obtaining a paper copy of the electronic
record and any fee to be charged;(c) the record is accessible to the consumer in a mannerusable for subsequent reference.

PART IILEGAL REQUIREMENTS RESPECTING
ELECTRONIC COMMUNICATIONS AND RECORDS
Legal recognitionof electronic
communications.

7. An electronic communication shall not be denied legal effect,
validity, admissibility or enforceability solely on the ground that it is–12

1st April 2018(a) rendered or made available in electronic form; or(b) not contained in the electronic communication
purporting to give rise to legal effect but is referred
to in that electronic communication.
Legal recognition ofelectronic records.

8. (1) Where any information or other matter is required by law to
be given or rendered in writing or recorded in writing or in printed
form or is described by law as being written, then, notwithstanding
anything contained in that law, the requirement or description issatisfied if the information or matter is(a) rendered or recorded or made available in electronic
form; and(b) accessible to, and is capable of retention by, theintended recipient so as to be usable or retrievable
for a subsequent reference.

(2) Subsection (1) shall apply whether the requirement for the
information to be in writing or recorded in writing is in the form ofan obligation or the law provides consequences if it is not in writing.

(3) Where subsection (1) applies, a legal requirement to provide
multiple copies of any information or other matter to the same
person at the same time is met by providing a single electronic formof the information or other matter.

(4) In subsection (1), giving information includes, but is not
limited to, the following(a) making an application;(b) filing, making or lodging a claim;13

1st April 2018(c) giving, sending or serving a notice;(d) filing or lodging a return;(e) making a request or requisition;(f) making a declaration;(g) filing, lodging or issuing a certificate;(h) making, varying or cancelling an option;(i)filing or lodging an objection or reply; or(j)giving a statement of reasons.

(5) Where any information is retained in electronic form inaccordance with subsection (1) and is retrievable at any time during
the specified period of retention, the paper of that information neednot be retained.
Requirement to provide
access to information in
paper form.

9. A legal requirement to provide access to information that is inpaper or other non-electronic form is satisfied by providing access tothe information in electronic form where(a)the form and means of access to the information
reliably assures the maintenance of the integrity of theinformation, given the purpose for which, and thecircumstances in which, access to the information isrequired to be provided; and(b)the person to whom access is required to be provided
consents to accessing the information in that electronic
form.

Furnishing of
information inprescribed forms.

10. Notwithstanding anything contained in any law, a legal
requirement that a person provides information in a prescribed paperor other non-electronic form to another person is satisfied by
14

1st April 2018providing the information in an electronic form that (a)contains the same or substantially the same information
as the prescribed paper or other non-electronic form;(b)

is accessible to the other person so as to be usable or
retrievable for subsequent reference; and(c)
Delivery of
information.

is capable of being retained by the other person.

11. (1) Where information is required by law to be delivered,dispatched, given or sent to, or to be served on, a person, that
requirement is met by doing so in the form of an electronic record
provided that the originator of the electronic record states that thereceipt of the electronic record is to be acknowledged and theaddressee has acknowledged its receipt.

(2) Subsection (1) applies whether the requirement for delivery,
dispatch, giving, sending or serving is in the form of an obligation or
the law provides consequences for the information not being
delivered, dispatched, given, sent or served.
Information in originalform.

12. (1) Where information is required by law to be presented orretained in its original form, that requirement is met by an electronic
communication or electronic record, respectively, if(a) there exists a reliable assurance as to the integrity of
the information from the time it was first generated
in its final form as an electronic communication orelectronic record; and(b) where it is required that information be presented,
that information is capable of being accurately
represented to the person to whom it is to be15

1st April 2018presented.

(2) Subsection (1) shall apply whether the requirement for the
information to be presented or retained in its original form is in theform of an obligation or the law provides consequences if it is notpresented or retained in its original form.

(3) For the purposes of subsection (1)(a)(a) the criterion for assessing integrity is whether the
information has remained complete and unaltered,apart from the additions of any endorsement and anychange which arises in the normal course ofcommunication, storage and display; and(b) the standard of reliability required is to be assessedin the light of the purpose for which the information
was generated and all the relevant circumstances.
Retention of
documents, records orinformation inelectronic form.

13. (1) Where any document, record or information is required bylaw to be retained in paper or other non-electronic form, that
requirement is met by retaining it in electronic form if the following
conditions are satisfied(a)the document, record or information contained inelectronic form is accessible so as to be usable forsubsequent reference;(b)

the electronic communication is retained in theformat in which it was generated, sent or received, orin a format which can be demonstrated to represent
accurately the document, record or information
generated, sent or received; and16

1st April 2018(c)

any information that enables the identification of theoriginanddestinationofanelectronic

communication and the date and time when it wassent or received is retained.

(2)

An obligation to retain any document, record or

information in accordance with subsection (1) shall not extend to
any information the sole purpose of which is to enable the message
to be sent or received.

(3) A person may satisfy the requirement referred to in
subsection (1) by using the services of any other person if theconditions set out in subsection (1) are met.

(4) Nothing in this section shall preclude any public authority
from specifying additional requirements for the retention ofelectronic communications that are subject to the jurisdiction of such
public authority.
Other requirements.

14. (1) An expression in a law, whether used as a noun or verb,
including the terms “document", "record", "file", "submit", "lodge","deliver", "issue", "publish", "write in", "print" or words orexpressions of similar effect, must be interpreted so as to include or
permit such form, format or action in relation to an electronic record
unless otherwise provided for in this Act.

(2) Where a seal is required by law to be affixed to a
document and such law does not prescribe the method or form bywhich such document may be sealed by electronic means, that17

1st April 2018

requirement is met if the document indicates that it is required to beunder seal and it includes the advanced electronic signature of theperson by whom it is required to be sealed.

(3) Where information or a signature, document or record isrequired by any law, or by contract or deed to be notarised,acknowledged, verified or made under oath, the requirement shall besatisfied if, in relation to electronic information, an electronic
signature, electronic document or electronic record, the electronic
signature of the person authorised to perform those acts, together
with all other information required to be included by otherapplicable law, is attached to or logically associated with theelectronic information, electronic signature, electronic document orelectronic record to be notorised, acknowledged, verified or madeunder oath.
Comparison of
documents withoriginal.

15. A legal requirement to compare a document with an original
may be satisfied by comparing that document with an electronic
form of the original document if the electronic form reliably assuresthe maintenance of the integrity of the document.

Admissibility andevidential weight ofelectronic
communications.

16.(1) In any legal proceedings, nothing in the rules of evidence
shall apply so as to deny the admissibility of an electronic
communication, or information or record in evidence solely on the
ground that it is in electronic form.

(2) Information or record in the form of an electronic
communication shall be given due evidential weight and in assessing
the evidential weight of an electronic communication, regard shall18

1st April 2018

be given to(a) the reliability of the manner in which the electronic
communication

wasgenerated,

storedortransmitted;(b) the reliability of the manner in which the integrity of
the information was maintained;(c) the manner in which the originator was identified;and(d) any other relevant factor.

(3) This section shall not affect the application of sections 91
Cap.5:03

and 92 of the Evidence Act (which relate to the admissibility ofcomputer-generated evidence).

PART III
ELECTRONIC CONTRACTS
Formation and validityof contracts.

17. (1) In the context of the formation of contracts, an offer and theacceptance of an offer or any other matter that is material in theoperation or formation of a contract may be expressed by means ofelectronic communications.

(2)

Where an electronic communication is used in theformation of a contract, that contract shall not be denied legal effect,
validity or enforceability solely on the ground that an electronic
communication was used for that purpose.
Effectiveness between
parties.

18. As between the originator and the addressee of an electronic
communication, a declaration of intent or other statement shall not
19

1st April 2018

be denied legal effect, validity or enforceability solely on the groundthat it is in the form of an electronic communication.
Invitation to make offer.

19. A proposal to conclude a contract made through one or more
electronic communications which is not addressed to one or more
specific parties, but is generally accessible to parties making use of
information systems, including a proposal that makes use ofinteractive applications for the placement of orders through suchinformation systems, is to be considered as an invitation to makeoffers, unless it clearly indicates the intention of the party making
the proposal to be bound in case of acceptance.

Use of automatedmessage systems forcontract formation.

20. A contract formed by the interaction of an automated message
system and a person, or by the interaction of automated message
systems, shall not be denied legal validity or enforceability solely on
the ground that no person reviewed or intervened in each of theindividual actions carried out by the automated message systems or
the resulting contract.

Error in electronic
contract or transaction.

21. (1) An electronic contract concluded or an electronic transaction
undertaken through the interaction of a person and an electronic
agent of another person is void where –(a) the first referred person made a material error in theinformation;(b) the electronic agent of the second referred person did notprovide an opportunity to prevent or correct the error;(c) on becoming aware of the error, the first referred person
notifies the second referred person of the error;(d) the second referred person has taken no reasonable steps
20

1st April 2018

to correct the error; and(e) the first referred person has not received or used any
material benefit or value from the second referredperson.

(2) Subsection (1) shall not apply to electronic auctions.

(3) Where there is an agreement between the parties to use asecurity procedure to detect changes or errors in the electronic
document and –(a) only one of the parties has conformed to the procedure;and(b) the non-conforming party would have detected thechange or error had that party also conformed, theconforming party may avoid the effect of the changed orerroneous electronic document.

(4) The provisions of this section shall not be varied byagreement nor affect the application of any rule of law that may
govern the consequences of any error other than as provided for insubsections (1) and (3).
Attribution.

22. (1) An electronic communication is that of the originator if it
was sent by the originator himself.

(2) As between the originator and the addressee, an electronic
communication is deemed to be that of the originator if it was sent –(a) by a person who had the authority to act on behalf ofthe originator; or21

1st April 2018(b) by an information system programmed by or on behalfof the originator to operate automatically.

(3) As between the originator and the addressee an addressee isentitled to regard an electronic communication as that of theoriginator and to act on that assumption if –(a)

the addressee properly applied a procedure previously
agreed to by the originator for that purpose; or(b) the electronic communication resulted from the actionsof a person whose relationship with the originator or an
agent of the originator enabled that person to gain
access to a method used by the originator to identify
electronic communications as his own.
(4) Subsection (3) does not apply –(a) where the addressee has received notice that theelectronic communication is not that of the originatorand the addressee has had reasonable time to act;(b) in a case within subsection (3)(b), at a time when theaddressee knew or should have known that the message
was not that of the originator.

(5) The addressee is entitled to act on the assumption that theelectronic communication as received is what the originator intended
to send unless the addressee knew or should have known that there
was an error in transmission.

(6)

The addressee is entitled to regard each electronic

communication as a separate message unless it duplicates another22

1st April 2018message and the addressee knew or should have known.
Acknowledgment.

23. (1) Where the originator and addressee have not agreed on theform of acknowledgement, acknowledgement can be given by any
communication or conduct of the addressee sufficient to indicate tothe originator that the electronic communication has been received.

(2)

Where the electronic communication is conditional onreceipt of acknowledgement, the electronic communication is treatedas never sent until acknowledgement is received.

(3) Where the electronic communication is not conditional onreceipt of acknowledgement and the acknowledgement has not been
received by the time specified or a reasonable time, the originatormay give notice to the addressee specifying a reasonable time bywhich the acknowledgement must be received or may, upon noticeto the addressee, treat the electronic communication as never sent.

(4) Where there is acknowledgement of receipt, it is presumed
that the electronic communication was received, but it is notpresumed that the electronic communication corresponds to theelectronic communication received.
Time of dispatch of

24. Unless the originator and addressee otherwise agree, anelectronic

electronic communication is dispatched –communications.

(a)when it enters an information system outside thecontrol of the originator or of the party who sent it on
behalf of the originator; or(b) in the case where the originator and the addressee are23

1st April 2018

in the same information system, when the electronic
communication becomes capable of being retrieved
and processed by the addressee.
Time of receipt.

25. (1) Unless the originator and addressee otherwise agree, thetime of receipt of an electronic communication is the time when theelectronic communication becomes capable of being retrieved by theaddressee at an electronic address designated by the addressee.

(2) Unless the originator and addressee otherwise agree, thetime of receipt of an electronic communication at an electronic
address that has not been designated by the addressee is the time
when the electronic communication becomes capable of being
retrieved by the addressee at that address and the addressee becomesaware that the electronic communication has been sent to that
address.

(3)

For the purposes of subsection (2), an electronic

communication is presumed to be capable of being retrieved by theaddressee when it reaches the electronic address of the addressee.
Place of dispatch
and receipt.

26. (1) An electronic communication is deemed to be dispatched at
the place where the originator has its place of business and isdeemed to be received at the place where the addressee has its placeof business.

(2)

Section 25 shall apply notwithstanding that the place

where the information system supporting an electronic address islocated may be different from the place where the electronic24

1st April 2018

communication is deemed to be received under subsection (1).

PART IV
ELECTRONIC SIGNATURES
Requirement for
signature.

27.

Where a rule of law requires a signature, or provides forcertain consequences if a document or a record is not signed, that
requirement is satisfied in relation to an electronic document orrecord if –(a) an electronic signature is used to identify the person
and to indicate that person’s intention in respect of
theinformation

contained

intheelectronic

document or record; and(b) the electronic signature used is either —(i) as reliable as appropriate for the purpose forwhich the electronic document or record
was generated or communicated, in the lightof all the circumstances, including any
relevant agreement; or(ii) proven in fact to have fulfilled the functions
described in paragraph (a), by itself or
together with further evidence.
Equal treatment ofsignatures.

28. Unless otherwise provided by law, the parties to an electronictransaction may agree to the use of a particular method or form ofelectronic signature or security procedure.

Conduct of relying
party.

29. (1) In this Part, "relying party" means a person who may act on
the basis of a certificate or encrypted signature.
25

1st April 2018

(2) A relying party shall bear the legal consequences ofthat party's failure(a) to take reasonable steps to verify the reliability of an
encrypted signature;(b) where an encrypted signature is supported by acertificate, to take reasonable steps to verify thevalidity and currency of the certificate and to observe
any limitation with respect to the certificate.
Conduct of thesignatory.

30. Where signature creation data or authentication data is used tocreate a signature or authenticate any electronic communication orrecord that has legal effect, each signatory shall(a) exercise reasonable care to avoid unauthorised use of
his signature creation data or authentication data;(b) without undue delay, notify any person who may
reasonably be expected by the signatory to rely on or toprovide services in support of the electronic signatureif(i)the signatory knows that the signature creation
data

or

authentication

data

has

been

compromised; or(ii)

the circumstances known to the signatory giverise to a substantial risk that the signature
creation data or authentication data may havebeen compromised; and(c) where a certificate is used to support the electronic
signature or authentication data, exercise reasonablecare to ensure the accuracy and completeness of all26

1st April 2018

material representation made by the signatory, which
are relevant to the certificate throughout its lifecycle, or
which are to be included in the certificate.
Conduct of electronic

31. (1) An electronic security procedures provider who issues asecurity procedures

certificate shall –provider.

(a) act in accordance with representations made by it withrespect to its policies and practices;(b) exercise reasonable care to ensure, throughout the life
cycle of the certificate, the accuracy and completenessof all material representations made by it in or in
relation to the certificate;(c) provide reasonably accessible means for enabling arelying party to ascertain from the certificate –
(i)

the

identity oftheelectronic

security

procedures provider;(ii) that the signatory identified in the certificate
had control of the encrypted signature
creation device at the time when thecertificate was issued; and(iii) that the encrypted signature creation device
was valid at the time when the certificate wasissued;(d) provide reasonably accessible means for enabling arelying party to ascertain from the certificate orotherwise –(i) the method used to identify the signatory;(ii) every limitation on the purpose or value forwhich the encrypted signature creation device27

1st April 2018or the certificate may be used;(iii) whether the encrypted signature creation
device is valid and has not been comprised;(iv) every limitation on the scope or extent ofliability stipulated by the electronic security
procedures provider;(v) the facilities provided for the signatory to givenotice pursuant to section 30(b);(vi) the procedures in place to effect revocation;(e) provide a means for a signatory to give notice pursuant
to section 30(b);(f) ensure the availability of a timely revocation service;(g) utilize trustworthy systems, procedures and humanresources in performing its services.

(2) For the purposes of this section, in determining whether any
systems, procedures or human resources utilised by an electronic
security procedures provider are trustworthy, regard may be had to –(a) the financial and human resources, including theexistence of assets and the quality of hardware andsoftware systems of the provider;(b) the provider's procedures for processing certificates andapplications for certificates;(c)the provider's retention of records and the availabilityof information to relying parties and to signatories
identified in certificates;(d) the regularity and extent of audits of the provider'soperations by an independent body;(e) any other relevant factor.
28

1st April 2018

Recognition of foreign
certificates andelectronic signatures.

32. (1) In determining whether, or the extent to which, a certificate
or an electronic signature is legally effective, no regard shall be hadto the place where the certificate or the electronic signature wasissued, nor to the jurisdiction in which the issuer had its place ofbusiness.

(2) Parties to commercial and other transactions may specify
that a particular information security service provider or class ofcertificates

shall

be

used

in

connection

withelectronic

communications, information, records or signatures submitted tothem.

(3) Where the parties to a transaction agree to the use ofparticular types of electronic signatures and certificates, thatagreement shall be recognised as sufficient for the purpose of crossborder recognition in respect of that transaction.

PART VSECURE ELECTRONIC COMMUNICATIONS,RECORDS AND SIGNATURES
Secure electronic
communication orrecord.

33. (1) If a security procedure, or a commercially reasonablesecurity procedure agreed to by the parties involved, has been
properly applied to an electronic communication or record to verify
that the electronic communication or record has not been alteredsince a specific point in time, that communication or record shall betreated as a secure electronic record from that specific point in timeto the time of verification.
29

1st April 2018(2)

For the purposes of this section and section 34,

whether a security procedure is commercially reasonable shall be
determined having regard to the purposes of the procedure and thecommercial circumstances at the time the procedure was used,
including –(a) the nature of the transaction;(b) the sophistication of the parties;(c) the volume of similar transactions engaged in byeither or all parties;(d) the availability of alternatives offered to but rejectedby any party;(e) the cost of alternative procedures; and(f) the procedures in general use for similar types oftransactions.
Secure electronic
signature.

34. (1) A signature shall be treated as a secure electronic signature
if, through the application of a security procedure, or acommercially reasonable security procedure agreed to by the parties
involved, it can be verified that the electronic signature was, at thetime it was made –(a) unique to the person using it;(b) capable of identifying the person using it;(c) created in a manner or using a means under the solecontrol of the person using it; and(d) linked to the electronic communication or record towhich it relates in such a manner that if thecommunication or record was changed the electronic
signature would be invalidated.
30

1st April 2018

(2) Whether a security procedure is commercially reasonable
shall be determined in accordance with section 33(2).
Presumptions relating tosecure electronic

35. (1)

In any proceedings involving a secure electronic

communication or record, it shall be presumed, unless evidence tocommunications,records and signatures.

the contrary is adduced, that the secure electronic communication orrecord has not been altered since the specific point in time to which
the secure status relates.

(2)

In any proceedings involving a secure electronic

signature, it shall be presumed, unless evidence to the contrary is
adduced, that –(a) the secure electronic signature is the signature of theperson to whom it correlates; and(b) the secure electronic signature was affixed by that
person with the intention of signing or approving theelectronic communication or record.

(3) In the absence of a secure electronic communication orrecord or a secure electronic signature, nothing in this Part shallcreate any presumption relating to the authenticity and integrity ofthe electronic communication or record or electronic signature.

PART VI
ELECTRONIC SECURITY PROCEDURES PROVIDERS
Designated Authority.

36. The Minister may by order designate an authority to be
responsible for the regulation, registration, licensing or accreditation
31

1st April 2018of electronic security procedure providers.
Electronic security
procedures andproviders.

37. (1) The electronic security procedures include electronic
certificates and any other procedure as maybe prescribed by the
Minister by order.

(2) The Minister may by order list the electronic security
procedures providers.
Regulation of security
procedures and security
procedure providers.

38. (1) The Minister may make regulations for the carrying out of
this Part and, without prejudice to the general power, the Ministermay make regulations for all or any of the following purposes –(a) the regulation, registration, licensing or accreditation ofelectronic

security procedureproviders and theirauthorised representatives;(b) safeguarding or maintaining the effectiveness andefficiency of the common security infrastructure relating
to the use of secure electronic signatures and theauthentication of electronic communications and records,
including the imposition of requirements to ensureinteroperability between electronic security procedureproviders or in relation to any security procedure;(c) ensuring that the common security infrastructure relating
to the use of secure electronic signatures and theauthentication of electronic communications and records
complies with Guyana’s international obligations;(d) prescribing the forms and fees applicable for the purposesof this Part.

32

1st April 2018

(2)

The Minister may, in making regulations undersubsection (1)(a) for the regulation, registration, licensing or
accreditation of electronic security procedure providers and theirauthorised representatives –(a) prescribe the accounts to be kept by electronic
security procedure providers;(b) provide for the appointment and remuneration of anauditor;(c) provide for the establishment and regulation of any
information system by an electronic security
procedure provider, whether by itself or in
conjunction with other electronic security procedureproviders, and for the imposition and variation ofrequirements or conditions relating to the system as
the Minister may think fit;(d) make provisions to ensure the quality of repositories
and the services they provide, including provisions
for

the

standards,

registration,

licensingor

accreditation of repositories;(e) provide for the use of any accreditation mark in
relation to the activities of electronic security
procedure providers and for controls over its use;(f) prescribe the duties and liabilities of electronic
security procedure providers registered, licensed or
accredited under this Act in respect of theircustomers; and(g) provide for the conduct of any inquiry into the
conduct of electronic security procedure providers
and their authorised representatives.
33

1st April 2018(3)

Regulations made under this section may provide that acontravention of a specified provision of the Regulations shall be an
offence and that the penalty for the commission of the offence may,notwithstanding anything in this Act, be a fine of one million dollars
and imprisonment for five years.

PART VII
ELECTRONIC RECORDS, SIGNATURES AND
ELECTRONIC SYSTEMS IN PUBLIC AUTHORITIESUse of electronic
records, informationand signatures by publicauthorities.

39. (1) Where a public authority pursuant to a written law –(a) accepts the filing of any form, application or any otherdocument or obtains information in a particular manner;(b) issues or grants any licence, permit, sanction orapproval by whatever name called in a particularmanner;(c) receives or pays money in a particular manner,then, notwithstanding anything contained in any other law, thepublic authority may discharge the functions under this subsection
by electronic means as may be specified by the Minister responsible
for governance by order.

(2) The Minister responsible for electronic governance may,after consulting the Minister responsible for the public authority, forthe purposes of subsection (1), specify by order –(a) the manner and format in which the form, applicationand other documents in electronic form shall be filed,created, retained, issued or provided;34

1st April 2018(b) the manner or method of payment of any fee or charges
for filing, creating or issuing any electronic document
and record under paragraph (a);(c) the manner and format in which a signature shall beaffixed to the form, application or other document inelectronic form and the identity of the electronic
security procedure provider used by the person filingthe document;(d) such control processes and procedures as may beappropriate to ensure adequate integrity, security andconfidentiality of documents, records or information inelectronic form; or(e) any other required attributes for documents, records orinformation in electronic form that are currently
specified for corresponding paper documents, records
or information.

(3) Where a document, record or information in electronic form
under subsection (2) is required to be signed, the Minister
responsible for governance may, after consulting the Minister
responsible for the public authority, specify by order the type ofsignature required, including, where applicable, the requirement thatthe sender use a particular type of encrypted electronic signature.

(4) For the avoidance of doubt, notwithstanding anything to thecontrary in any written law but subject to any specification madeunder subsections (2) and (3), where any person is required by any
written law to –(a) file any document with or provide information in any
35

1st April 2018

form to a public authority;(b) create or retain any document for a public authority;(c) use a prescribed form for an application or notification
to, or other transaction with, a public authority;(d) provide to or retain for a public authority any
document, record or information in its original form;or(e) hold a licence, permit or other approval from a publicauthority,that requirement is satisfied by a document, record or information inelectronic form specified for that purpose by the Minister
responsible for governance.

(5) Notwithstanding anything contained in subsection (1), if the
Minister is satisfied that due to technical failure or lack of facilities
it is not practicable to give effect to subsection (1) in any office or in
respect of any work or service, the Minister may, by order, specify
the period during which subsection (1) shall not operate in the office
or in respect of the work or service.
Establishment of40.

electronic systems.

In the discharge of its functions under section 39, a publicauthority may where necessary, set up such electronic systems tofacilitate the work of that authority.

PART VIIIINTERMEDIARIES AND ELECTRONIC-COMMERCESERVICE PROVIDERS
Liability of

41. (1) An intermediary who provides a conduit shall not be subject

intermediaries.

36

1st April 2018

to any civil or criminal liability in respect of third-party information
contained in an electronic communication for which suchintermediary is only providing access and the intermediary(a) exercises reasonable care to ensure the accuracy of all
representations;(b) provides reasonably accessible means to enable a
relying party to ascertain the identity of the electroniccommerce service provider and to ascertain themethod used to identify the signatory;(c) has no actual knowledge that the information gives
rise to civil or criminal liability;(d) is not aware of any facts or circumstances from which
the likelihood of civil or criminal liability in respect of
the information ought reasonably to have been known;or(e) follows the procedure set out in section 42, if theintermediary(i) acquires knowledge that the information gives
rise to civil or criminal liability; or(ii) becomes aware of facts or circumstances fromwhich the likelihood of civil or criminal
liability in respect of the information oughtreasonably to have been known.

(2) An intermediary shall not be required to monitor any
information contained in an electronic communication in respect ofwhich the intermediary provides services in order to establish
knowledge of, or to become aware of, facts or circumstances todetermine whether or not the information gives rise to civil or37

1st April 2018criminal liability.

(3) Nothing in this section shall relieve an intermediary fromcomplying with any court order, injunction, writ, direction from theGovernment, regulatory requirement, or contractual obligation in
respect of an electronic communication.

(4) For the purposes of this section(a) “provides access,” in relation to a third-party
information, means the provision of the necessary
technical means by which third-party information
may be accessed and includes the automatic andtemporary storage of the third-party information forthe purpose of providing access;(b) “third-party information” means information of which
the intermediary is not the originator.
Procedure for dealing
with unlawful or
defamatory information.

42. (1) If an intermediary has actual knowledge that the informationin an electronic communication gives rise to civil or criminal
liability, as soon as practicable, the intermediary shall(a) remove the information from any information processing
system within the intermediary’s control and cease toprovide or offer to provide services in respect of that
information; and(b) notify the police of the relevant facts and of the identityof the person for whom the intermediary was supplying
services in respect of the information if the identity ofthat person is known to the intermediary.

38

1st April 2018(2) If an intermediary is aware of facts or circumstances fromwhich the likelihood of civil or criminal liability in respect of theinformation in an electronic communication ought reasonably tohave been known, as soon as practicable after becoming so aware
the intermediary shall(a) follow the relevant procedure set out in any code of
conduct that is applicable to such intermediary under
section 43; or(b) notify the police and the Minister.

(3) Upon being notified in respect of any information undersubsection (2), the Minister may direct the intermediary to –(a) remove the electronic communication from any
information processing system within the control of theintermediary; and(b) cease to provide services to the person to whom theintermediary was supplying services in respect of thatelectronic communication.

(4) An intermediary shall not be liable, whether in contract,
tort, under any written law or pursuant to any other right, to any
person including any person on whose behalf the intermediary
provides services in respect of the information in an electronic
communication, for any action the intermediary takes in good faithin exercise of the powers conferred by, or as directed by the Minister
under, this section.
Codes of conduct andstandards forintermediaries and43. (1) The Minister may develop codes of conduct or standards forintermediaries and electronic-commerce service providers for the39

1st April 2018

e-commerce service
providers.

purposes of this Act, which the Minister shall by notice publish in
the Gazette.

(2) Where the Minister has developed a code of conduct orstandards for intermediaries and electronic-commerce service
providers, the intermediaries and electronic-commerce service
providers shall comply with the code of conduct or service
standards.

(3) An intermediary or electronic-commerce service provider
who fails to comply with a code of conduct or standards, shall in thefirst instance be given a written warning by the Minister and theMinister may, in writing, direct that intermediary or electroniccommerce service provider to cease and desist or otherwise tocorrect his practices, and, if that person fails to do so within such
period as may be specified in the direction, the intermediary orelectronic-commerce service provider, as the case may be, commits
an offence and shall be liable on summary conviction to a fine of
one hundred thousand dollars and if the offence is a continuing one
to a further fine of five thousand dollars for each day the offence
continues.

(4) Compliance with relevant codes of conduct and service
standards may be taken into account by the courts in determining
liability.

40

1st April 2018

PART IXCONSUMER PROTECION
Consumer protection.

44.(1) An electronic-commerce service provider who by use ofelectronic transactions sells or hires any goods, services or facilities
to consumers shall provide accurate, clear and accessible
information about themselves, sufficient to allow(a) the legal name of the provider, his principal geographic
address, and an electronic means of contact or telephone
number;(b) prompt, easy and effective consumer communication
with the seller; and(c) service of legal process.

(2) An electronic-commerce service provider who by use ofelectronic transactions sells or hires any goods, services or facilities
to consumers shall provide accurate and accessible information
describing the goods or services offered, sufficient to enableconsumers to make an informed decision about the proposedtransaction and to maintain an adequate record of the information.

(3) An electronic-commerce service provider who by use ofelectronic transactions sells or hires any goods, services or facilities
to consumers shall, before the conclusion of the electronic contract
based on such transaction, provide information to consumers in
respect of the electronic contract, about the terms, conditions andcosts associated with a transaction, and notably(a) terms, conditions and methods of payment; and(b) details of and conditions and policies related to privacy,
41

1st April 2018

withdrawal, termination, return, exchange, cancellation
and refund policy information;(c) the arrangements for delivery or performance; and(d) a copy of the contract for the consumer in a format thatcan be retained.

(4) The Minister may make regulations relating to the sale ofgoods or services by an electronic-commerce service provider using
electronic transactions.
Right of rescission.

45. A consumer who is not provided with the information requiredby section 44 has the right to rescind the contract within thirty
calendar days provided that the consumer has not received any
material benefit from the transaction.

Unwantedcommunications.

46.

(1)

Any

personwho

sends

unsolicitedcommercial

communications through electronic media to consumers based in
Guyana or knowingly uses an intermediary to send, or who has aplace of business in Guyana and sends, unsolicited electronic
correspondence to consumers shall provide the consumer with aclearly specified and easily activated option to opt out of receiving
future communications.

(2) A person who contravenes subsection (1) commits anoffence and is liable on summary conviction to a fine of one
hundred thousand dollars.

42

1st April 2018

PART XMISCELLANEOUS
Audit of documents,
etc.

47. Where in any law there is a provision for audit of documents,
records or information, that provision shall also be applicable for
audit of documents, records or information processed andmaintained as electronic records or in the electronic form.

Regulations.

48.(1) The Minister may make regulations for carrying out theprovisions of this Act.

(2) In particular and without prejudice to the generality ofsubsection (1), and subject to Part VII, the regulations may provide
for all or any of the following matters –(a) the methods which may satisfy the requirements ofelectronic signatures;(b) the factors to which regard shall be had in determining
whether and to what extent systems, procedures andhuman resources are trustworthy for the purposes of theelectronic security procedures providers;(c) the manner and the format in which electronic records
shall be filed, created or issued;(d) the manner or method of payment of any fee or charges
for filing, creating or issuing any electronic record;(e) the security practices and procedures to be in
consultation

with

such

professional

bodiesor

associations as the Minister deems fit;(f) the information which may be preserved and retainedby an intermediary and the period, manner and format
43

1st April 2018

in which such information may be retained;(g) the procedure and safeguards subject to which blockingof any information generated, transmitted, received,
stored or hosted in any electronic communication
system may be ordered;(h) for the purpose of authorizing, prohibiting or regulating
the use of the “.gy” domain name or any successor
domain name for Guyana;(i) prescribing for the purposes of the registration of the“.gy” domain name or any successor domain name for
Guyana –(i) designated registration authorities;(ii) the form and manner of registration; the period
when registration stays in force and the terms
and conditions for registration;(iii) the manner, terms and conditions and theperiod for renewal of registration;(iv) the circumstances and the manner in which
registration may be granted, renewed or
refused by the registration authorities;(v) the appeal process and procedure;(vi) the fees to be paid on the grant or renewal ofregistration and the time and manner the fees
are to be paid; and(vii)

such other matters relating to the registration of
domain names.

(3) Regulations made under this section may provide that acontravention of a specified provision of the Regulations shall be an
44

1st April 2018

offence and that the penalty for the commission of the offence may,notwithstanding anything in this Act, be a fine of one million dollars
and imprisonment for five years.
Act to have overriding
effect.

49. (1) The provisions of this Act shall have effect notwithstanding
anything inconsistent with it contained in any other law for the time
being in force.

(2) An expression in a law, whether used as a noun or verb,
including the terms “document", "record", "file", "submit", "lodge","deliver", "issue", "publish", "write in", "print" or words orexpressions of similar effect, must be interpreted so as to include or
permit such form, format or action in relation to an electronic record
unless otherwise provided for in this Act.
Removal of difficulties.

50. If any difficulty arises in giving effect to the provisions of thisAct, the Minister may, by order, make such provision notinconsistent with the provisions of this Act as appear to be necessaryor expedient for removing the difficulty.

45

1st April 2018

SCHEDULE

s. 4

DOCUMENTS AND TRANSACTIONS

1.

Creation or transfer of interest in real or immovable property.

2.

Negotiable instruments.

3.

Documents of title.

4.

Wills and other testamentary instruments.

5.

Trusts.

6.

Court orders or notices or official court documents required to be
executed in connection with court proceedings.

7.

Power of attorney.

46

1st April 2018

EXPLANATORY MEMORANDUM

Consumers and the business community, including banks and commercial organisations
are increasingly using computer and other related technologies to create, transmit andstore information in electronic form instead of on traditional paper documents.
Information stored in electronic form has many advantages as it is cheaper, easier to store
and retrieve and speedier to communicate. Even though the general public is aware of allthese advantages, many members are reluctant to conduct business or conclude anytransaction in electronic form due to lack of an appropriate legal framework.

Government is currently unable to fully implement e-Government services due toinadequate legal framework and protection as well as some existing conflicting
provisions in various laws. This lack of legal framework and uncertainty is inhibiting thedevelopment of electronic-commerce and e-Government activity in Guyana and fostering
the adherence to traditional business and transaction models.

Nevertheless, international trade through the medium of electronic-commerce has grown
rapidly in the past few years and many countries have switched over from traditional
paper-based commerce to e-commerce.

A hurdle which stands in the way of facilitating electronic commerce and electronic
governance relate to the requirement of the signature for legal recognition. At present,
many legal provisions assume the existence of paper-based records and documents andrecords that should bear signatures.

The Bill enables the conclusion of contracts and creation of certain rights and obligations
through the electronic medium.

47

1st April 2018

With a view to facilitating electronic governance by government offices and agencies it is
proposed to provide for the use and acceptance of electronic records and electronic
signatures in government offices and agencies with suitable safeguard mechanisms.

Part I of the Bill comprises the preliminary clauses.

Clause 1 contains the short title.

Clause 2 defines certain words and expressions.

Clause 3 provides that the Act binds the State. However, the Act does not make it
obligatory on the part of public authorities to process records by electronic means.

Clause 4 provides that the Act does not apply to the documents and transactions set out
in the Schedule. These include the making of wills, the conveyance or transfer of any
interest in real or immovable property. However, it also empowers the Minister to amend
the Schedule.

Clause 5 provides for the autonomy of the parties to use or accept electronic
communications, electronic signatures and electronic contracts in certain circumstances.

Clause 6 makes provisions for the circumstances requiring consent of consumers inelectronic communications.

Part II of the Bill deals with the requirements for the legal recognition of electronic
communications and records.

48

1st April 2018

Clause 7 provides for the legal recognition of electronic communications. An electronic
communication is not to be denied legal effect, validity, admissibility or enforceability
solely on the ground that it is rendered or made available in electronic form.

Clause 8 provides for the legal recognition to electronic records. A legal requirement ofgiving, recording or rendering any information or other matter in writing or in printed
form shall be met if the same is given, recorded or rendered in electronic form.

Clause 9 provides that a legal requirement to provide access to any information in paper
form is met if it is given in electronic form that maintains integrity and accessibility.

Clause 10 provides that the legal requirement of furnishing information in paper or othernon-electronic form is met if it is furnished in electronic form which contains the same orin substantially the same information and which could be accessible to the other person
so as to enable that person to retrieve or retain it for subsequent reference.

Clause 11 provides that where any information is required by law to be delivered,dispatched, given, sent to or served on any person that requirement is met if it isdelivered, dispatched, given, sent to or served on that person by electronic record and theoriginator of the electronic record states that the receipt of the electronic record is to beacknowledged and the addressee acknowledges the receipt.

Clause 12 deals with presentation or retention of information in original form. It provides
that a legal requirement of presenting or retaining any information in its original form is
met by presenting or retaining it by an electronic communication if there is reliability ofaccuracy of presentation and in its integrity in final electronic form.

Clause 13 provides for retention of documents, records or information in electronic form
where a legal requirement to retain them in paper or other non-electronic form is49

1st April 2018

required. A legal requirement to retain any document, record or information in paper orother non-electronic form is met if the same is retained in electronic form subject tofulfilling certain conditions such as accessibility, accuracy, format, date and time oforigin and destination of the electronic communication. This clause also allows publicauthorities to specify additional requirements in respect of electronic communications
coming within their purview.

Clause 14 makes several provisions to allow for electronic commerce and e-government
and is self-explanatory.

Clause 15 provides that a legal requirement for comparison of a document with its
original will be satisfied if it is compared with the electronic form which assures themaintenance of integrity of the document.

Clause 16 provides for the admissibility of electronic communications in evidence.

Part III of the Bill provides for the formation and validity of electronic contracts.

Clause 17 provides for formation of electronic contracts and the mere fact that thecontract is formed electronically does not affect its enforceability.

Clause 18 provides for the effectiveness of declaration of intent relating to electronic
contracts.

Clause 19 provide for an invitation to conclude a contract made through electronic
communications which is accessible to all parties making use of information systems is tobe considered as an invitation to make offers.

Clause 20 allows the use of automated message systems for formation of contracts.
50

1st April 2018

Clause 21 provides that certain errors made in partly automated transactions or contracts
involving material errors may render the contract voidable.

Clause 22 provides for attribution. An electronic communication is that of the originator
if it was sent by the originator himself and deemed to be that of the originator if it wassent by a person who had the authority to act on behalf of the originator or by an
information system programmed by or on behalf of the originator to operate
automatically.

Clause 23 provides for acknowledgement. Where the originator and addressee have notagreed on the form of acknowledgement, acknowledgement can be given by any
communication or conduct of the addressee sufficient to indicate to the originator that theelectronic communication has been received.

Clauses 24, 25 and 26 define the time and place of dispatch and receipt of electronic
communications.

Part IV of the Bill provides for the use of electronic signatures.

Clause 27 provides for legal recognition of electronic signatures in electronic
communications and transactions.

Clause 28 provides that parties to an electronic transaction may agree to the use of aparticular method or form of electronic signature.

Clauses 29, 30 and 31 provides the requirements for conduct of the relying party, thesignatory and electronic security procedures provider.

Clause 32 provides for the recognition of foreign certificates and electronic signatures.
51

1st April 2018

Part V provides for secure electronic communications, records and signatures and deals
with presumptions relating to secure electronic communications, records and signatures.

Clause 33 provides that if a security procedure, or a commercially reasonable security
procedure agreed to by the parties involved, has been properly applied to an electronic
communication or record to verify that the electronic communication or record has notbeen altered since a specific point in time, that communication or record shall be treatedas a secure electronic record from that specific point in time to the time of verification.

Clause 34 provides that a signature shall be treated as a secure electronic signature if,
through the application of a security procedure, or a commercially reasonable security
procedure agreed to by the parties involved, if it can be verified, for instance, that thesignature was unique to the person using it.

Part VI of the Bill deals with electronic security procedures providers.

Clauses 36 provides for the Minister to designate an authority to be responsible for the
regulation, registration, licensing or accreditation of electronic security procedureproviders.

Clause 37 provides that the electronic security procedures include electronic certificatesand for the Minister to prescribe other procedures. The Minister may by order list theelectronic security procedures providers.

Clause 38 gives the Minister power to issue regulations to safeguard or maintain theeffectiveness and efficiency of information security procedure services.

Part VII of the Bill facilitates effective delivery of e-Government services. This Bill52

1st April 2018

supports e-Government efforts by enabling the use of electronic documents andtransactions in citizens’ and businesses’ interactions with Government and its agencies.

Clause 39 of the Bill provides for information to be submitted using electronic forms inthe manner specified by the authorities, even if these forms do not resemble the physicalprescribed forms required for the transactions. The amendments are proposed to provide
flexibility for public authorities to design electronic forms suited for online transactions,and hence improve the customer’s overall e-governance experience.

Part VIII of the Bill sets out the duties and limits of liabilities of intermediaries and ecommerce service providers.

Clause 41 provides for limit of liability of intermediaries.

Clause 42 provides for the procedure for dealing with unlawful or defamatory
information exchanged by intermediaries.

Clause 43 provides for approval of codes of conduct and specifying of standards required
to be complied with by intermediaries and electronic-commerce service providers. It also
provides for the penalties for non-compliance with approved codes of conduct or
specified standards by an intermediary or an electronic-commerce service provider.

Part IX of the Bill contains consumer protection provisions for the conduct of online saleof goods and services as well as protection against “spam”.

Part X of the Bill contains miscellaneous provisions.

Clause 47 provides for audit of documents, records or information processed andmaintained as electronic records or in the electronic form.
53

1st April 2018

Clause 48 empowers the Minister to make regulations for carrying out the provisions of
the Act.

Clause 49 provides for the Act to have overriding effect.

Clause 50 empowers the Minister to remove any difficulty in giving effect to the
proposed legislation by making order not inconsistent with the provisions of the Act.

The Schedule enumerates the documents and transactions to which the provisions of the
Act will not apply.

……………………………………………………………
HON. DOMINIC GASKIN, M.P.
MINISTER OF BUSINESS

54