SAINT VINCENT AND THE GRENADINESELECTRONIC TRANSACTIONS ACT, 2007
ARRANGEMENT OF SECTIONSPART IPRELIMINARYSECTION
1. Short title and commencement
2. Interpretation
3. Act to bind Crown
PART IILEGAL REQUIREMENTS FOR ELECTRONIC TRANSACTIONS
4. Non-discrimination against electronic information
5. Writing requirements
6. Prescribed forms
7. Requirement to produce an original document
8. Keeping written documents
9. Soundness of information
10. Public Authorities
11. Notarisation acknowledgment and certification
12. Other requirements
13. Exclusions
14. Certain other laws not affected
15. Consent
16. Contracts
17. Automated contracts
18. Mistakes in partly automated contracts
19. Expressions of will
20. Time and place of sending and receiving electronic communications

21. Attributions of Electronic Communications
PART III
ELECTRONIC SIGNATURES
22. Signature
23. Standards for signatures
24. Conduct of a person relying on an electronic signature
25. Recognition of foreign electronic documents and signatures
PART IV
ACCREDITATION
26. Interpretation
27. Designation of Accreditation Authority
28. Powers and duties of Accreditation Authorities
29. Accreditation of authentication products and services
30. Criteria for accreditation
31. Revocation or termination of accreditation
32. Accreditation of foreign products or services
33. Regulations under this PartPART VCRYPTOGRAPHY PROVIDERS
34. Register of cryptography providers
35. Registration
36. Restriction on disclosure of information
PART VI
CONSUMER PROTECTION
37. Scope of application
38. Information to be provided
39. Cooling off period
40. Unsolicited goods, services or communications
41. Applicability of foreign law
42. Non exclusion

43. Complaint
PART VIIPROTECTION OF CRITICAL INFORMATION SYSTEMS
44. Application
45. Identification of critical information and critical information systems
46. Registration of critical information systems
47. Management of critical information systems
48. Restrictions on disclosure of information
49. Right of inspection
50. Non-compliance with Part VII
PART VIII
LIABILITY OF SERVICE PROVIDERS
51. Interpretation
52. Recognition of representative body
53. Conditions for eligibility
54. Mere conduit
55. Caching
56. Hosting
57. Notification of unlawful activity
58. No general obligation to monitor
59. Savings
PART IXCYBER INSPECTORS
60. Appointment of cyber inspectors
61. Powers of cyber inspectors
62. Powers to inspect, search and seize
63. Obtaining a warrant
PART XINFORMATION SYSTEMS AND COMPUTER RELATED CRIMES
64. Interpretation
65. Scope of Part

66. Illegal access
67. Interfering with data
68. Interfering with an information system
69. Illegal interception of data
70. Illegal devices
71. Child pornography
72. Electronic fraud
73. Cyber-stalking
PART XIPROCEDURAL POWERS
74. Interpretation
75. Search and seizure warrants
76. Assisting Police
77. Record of and access to seized data
78. Production order
79. Disclosure of stored traffic data
80. Preservation of data
81. Interception of electronic communications
82. Interception of traffic data
83. Evidence
84. Confidentiality and limitation liability
85. Extradition
PART XII
GENERAL LAW
86. Savings of common law
87. Regulations

SAINT VINCENT AND THE GRENADINESBILL FOR______________ACT NO. OF 2007
I ASSENT[ ]Governor-General

AN ACT to provide for the facilitation and regulation of electronic communications
and transactions, to prevent abuse of information systems and to provide for mattersconnected therewith.
[]BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice
and consent of the House of Assembly of Saint Vincent and the Grenadines and by theauthority of the same, as follows:
PART IPRELIMINARY
1. This Act may be cited as the Electronic Transactions Act, 2007 and shall comeinto operation on a day appointed by the Governor-General by Proclamation in theGazette.
2. In this Act:
“addressee” means a person who is intended by the originator to receive data
message but does not include a person acting as intermediary in respect of thedata message;“advanced electronic signature” means an electronic signature which results froma process which has been accredited by the Accreditation Authority as
provided for in section 29;“authentication products or services” means products or services designed to
identify the holder of an electronic signature to other persons;“authentication service provider” means a person whose authentication products
or services have been accredited by the Accreditation Authority under section
29 or recognised under section 32;“cache” means high speed memory that stores data for relatively short periods oftime, under computer control, in order to speed up data transmission orprocessing;“consumer” means any natural person who enters or intends to enter into anelectronic transaction with a supplier as the end user of the goods or services
offered by that supplier;“critical information system” means a collection of critical information inelectronic form from where it may be accessed, reproduced or extracted;“critical information systems administrator” means the person responsible for the
management and control of a critical information system;“cryptography product” means any product that makes use of cryptographic
techniques and is used by a sender or recipient of data messages for the
purposes of ensuring (a) that the data can be accessed only by relevant persons;(b) the authenticity of the data;(c) the integrity of the data;(d) that the source of the data can be correctly ascertained;“cryptography provider” means any person who provides or who proposes toprovide cryptograph services or products in the State;“cryptography service” means any service which is provided to a sender orrecipient of a data message or to anyone storing a data message, and isdesigned to facilitate the use of cryptographic techniques for the purpose of
ensuring (a) that the data or data message can be accessed or can be put into an
intelligible form only by certain persons;(b) that the authenticity or integrity of the data or data message is capable ofbeing ascertained;(c) the integrity of the data or data message; or(d) that the source of the data or data message can be correctly ascertained;“cyber inspector” means a person appointed under Part V;“data” means electronic representations of information in any form;“data message” means data generated, received or stored by electronic means andincludes (a) a voice, where the voice is used in an automated transaction;

(b) a stored record;“electronic” means created, recorded, transmitted or stored in digital or otherintangible form by electronic, magnetic, optical or by any other means that hascapabilities for creation, recording, transmission or storage similar to thosemeans;“information system” means a system for generating, sending, receiving, storing,
displaying or otherwise processing data messages and includes the internet
and wireless application protocol communications;“public authority” includes (a) Parliament, or any committee of Parliament;(b) the Cabinet as constituted under the Constitution;(c) a Ministry or a department or division of a Ministry;(d) a local authority;(e) a public statutory corporation or body;(f) a body corporate or an incorporated body established for a public purpose,
which is owned or controlled by the State;(g) an embassy, consulate or mission of the State or any office of the Statesituated outside of Saint Vincent and the Grenadines whose functions
include the provision of diplomatic or consular services for or on behalf ofSaint Vincent and the Grenadines;(h) any other body designated by the Minister by Regulation made under thisAct, to be a public authority for the purposes of this Act;
“Minister” means the Minister responsible for telecommunications;“Ministry” means the Ministry responsible for telecommunications;“rule of law” means the common law, an Act of Parliament orlegislation made under an Act of Parliament;

subsidiary“signature creation data” means unique data, such as codes or private
cryptographic keys, which are used by the signatory to create an electronic
signature;“State” means Saint Vincent and the Grenadines;“website” or “web portal” means any computer on the internet containing a home
page or web page .
3. This Act shall bind the Crown.
PART IILEGAL REQUIREMENTS FOR ELECTRONIC TRANSACTIONS

4. (1) Information shall not be denied legal effect, validity or enforcement solely on
the ground that it is in electronic form.
(2) In sections 5, 6, 7, 8 and 22:(a) where a rule of law require information to be in writing, given, signed,
original or retained, the requirement is met if the section is complied with;(b) where a rule of law provides consequences where the information is not inwriting, given, signed, original or retained, the consequences are avoided
if the section is complied with; and(c) where a rule of law provides consequences if the information is in writing,given, signed, original or retained, the consequences are achieved if thesection is complied with.
5. (1) A rule of law that requires information to be in writing or to be given inwriting is satisfied by information in electronic form if the information is accessible so as
to be usable for subsequent reference.
(2) In subsection (1), giving information includes, but is not limited to, thefollowing:(a) making an application;(b) making, filing or lodging a claim;(c) giving, sending or serving a notification;(d) filing or lodging a return;(e) making a request;(f) making a declaration;(g) filing, lodging or issuing a certificate;(h) making, varying or cancelling an election;(i) filing or lodging an objection;(j) giving a statement of reasons.
(3) Information in electronic form is not given unless the information is capableof being retained by the person to whom it is given.
6. (1) A rule of law that requires a person to provide information in a prescribed
non-electronic form to another person is satisfied by the provision of the information in
an electronic form that is:(a) organized in the same or substantially the same way as the prescribed nonelectronic form;(b) accessible to the other person so as to be usable for subsequent reference;and(c) capable of being retained by the other person.

7. A rule of law that requires a person to produce, examine or keep an original
document is satisfied if the person produces, examines or retains the document inelectronic form, if:(a) having regard to all the relevant circumstances, the method of generating
the electronic form of the document provided a reliable means of assuring
the maintenance of the integrity of the information contained in the
document; and(b) in a case where an original document is to be given to the person inelectronic form is accessible so as to be usable for subsequent reference
and capable of being retained by the person.
8. A rule of law that requires a person to keep information that is in writing or thatis in electronic form, is satisfied by keeping the information in electronic form, if:(a) having regard to all the relevant circumstances when the electronic formof the document was generated, the method of generating the electronic
form of the document provided a reliable means of assuring themaintenance of the integrity of the information contained in the document;and(b) when the electronic form of the document was generated, the information
contained in the electronic form of the document is accessible so as to beusable for subsequent reference to any person entitled to have access to theinformation or to require its production.
9. For the purposes of sections 7 and 8 the soundness of the information has
remained complete and unaltered, apart from:(a) the addition of any endorsement; or(b) any immaterial change;
which arises in the normal course of communications, storage or display.
10. (1) If a public authority has power to create, collect, receive, store, transfer,
distribute, publish, issue or otherwise deal with information and documents, it has thepower to do so electronically.
(2) Subsection (1) is subject to any rule of law that expressly prohibits the use ofelectronic means or expressly requires them to be used in specified ways.
(3) For the purposes of subsection (2) a reference to writing or signature does notin itself constitute an express prohibition of the use of electronic means.
(4) Where a public authority consents to receive any information in electronic
form, it may specify:(a) the manner, and format in which the information shall be communicated toit;(b) the type or method of electronic signature required, if any;(c) control processes and procedures to ensure integrity, security andconfidentiality of the information;(d) any other attributes for the information that are currently specified forcorresponding information on paper.
(5) The requirements of subsections (1) and (3) and section 6 also apply to
information described in subsection (4) of this section.
(6) A public authority may make or receive payment in electronic form by any
manner specified by the authority and approved by the Minister of Finance.
11. (1) Where a rule of law requires a signature, statement or document to benotarised, acknowledged, verified or made under oath, the requirement is met if theadvanced electronic signature of the person authorised to perform those acts is attachedto, incorporated in or logically associated with the electronic signature or data message.
(2) Where a rule of law requires or permits a person to provide a certified copy ofa document and the document exists in electronic form, the requirement is met if theperson provides a print-out certified to be a true reproduction of the document or
information.
(3) Where a rule of law requires or permits a person to provide a certified copy ofa document and the document exists in paper or other physical form, the requirement is
met if an electronic copy of the document is certified to be a true copy thereof and thecertification is confirmed by the use of an advanced electronic signature.
12. (1) A requirement in a rule of law for multiple copies of a document to besubmitted to a single addressee at the same time is satisfied by the submission of a single
data message that is capable of being reproduced by that addressee.
(2) An expression in a rule of law, whether used as a noun or verb, including theterms, “document”, “record”, “file”, “submit”, “lodge”, “deliver”, “issue”, “publish”,“write in”, “print” or words or expressions of similar effect, must be interpreted so as toinclude or permit such form, format or action in relation to a data message unlessotherwise provided for in this Act.
(3) Where a seal is required by a rule of law to be affixed to a document and thelaw does not prescribe the method or form by which the document may be sealed byelectronic means, the requirement is met if the document indicates that it is required to beunder seal and it includes the advanced electronic signature of the person by whom it isrequired to be sealed.
(4) Where a rule of law requires or permits a person to send a document byregistered or certified post, the requirement is met if an electronic copy of the document
or information is sent to, is registered by and sent by the Saint Vincent and the
Grenadines Postal Corporation to the electronic address.
13. This Act does not apply to:(a) the creation or transfer of interests in real property;(b) negotiable instruments;

(c) documents of title;(d) wills and trusts created by wills;(e) any class of documents, transactions or rules of law excluded byRegulation under this Act.
14. (1) Nothing in this Act limits the operation of any other rule of law that expressly
authorizes, prohibits or regulates the use of information in electronic form including amethod of electronic or advanced electronic signature.
(2) Nothing in this Act limits the operation of any other rule of law requiring
information to be posted or displayed in a specific manner or requiring information to betransmitted by a specified method.
(3) A reference to writing or signature does not itself constitute a prohibition forthe purpose of subsection (1) or a legal requirement for the purpose of subsection (2).
15. (1) Nothing in this Act requires a person to use, provide or accept information inelectronic form without consent, but a person’s consent to do so may be inferred from theperson’s conduct.
(2) Notwithstanding subsection (1), the consent of a public authority to accept
information in electronic form may not be inferred from its conduct but must be
expressed by communication accessible to the public or to those most likely tocommunicate with it for particular purposes.
(3) Nothing in this Act authorises a public authority to require any person to use,
provide or accept information in electronic form without consent.
16. (1) Unless the parties agree otherwise, an offer, the acceptance of an offer or any
other matter that is material to the formation or operation of a contract may be expressed:(a) by means of information in electronic form; or(b) by an act that is intended to result in electronic communication, such as
touching or clicking an appropriate icon or other place on a computer
screen, or by speaking.
(2) A contract is not invalid or unenforceable by reason only of being inelectronic form.
17. A contract may be formed by interaction of computer programmes or otherelectronic means used to initiate an act or to respond to electronic information, in whole
or in part, without review by an individual at the time of the response or act.
18. (1) An electronic transaction between an individual and another person’s
automated source of information has no legal effect if:(a) the individual makes a material error in electronic information or anelectronic document used in the transaction;(b) the automated source of information does not give the individual an
opportunity to prevent or correct the error;

(c) on becoming aware of the error, the individual promptly notifies the otherperson; and(d) in a case where consideration is received as a result of the error, theindividual, returns or destroys the consideration in accordance with theother person’s instructions, deals with the consideration in a reasonable
manner, and does not benefit materially by receiving the consideration.
(2) This section does not limit any other rule of law relating to mistake.
19. Between the originator and the addressee of a communication in electronic form,
a declaration of will or other statement shall not be denied legal effect, validity or
enforceability solely on the grounds that it is in electronic form.
20. (1) An electronic communication is sent when it enters an information systemoutside the sender’s control or, if the sender and the addressee use the same information
system, when it becomes capable of being retrieved and processed by the addressee.
(2) An electronic communication is presumed to be received by the addressee:(a) if the addressee has designated or uses an information system for the
purposes of receiving communications of the type sent, when it enters that
information system and becomes capable of being retrieved and processedby the addressee; or(b) if the addressee has not designated or does not use an information system
for the purpose of receiving communications of the type sent, or if theaddressee has designated or used such a system but the communication
has been sent to another system, when the addressee becomes aware of thecommunication in the addressee’s information system and it becomescapable of being retrieved and processed by the addressee.
(3) Subsections (1) and (2) apply unless the parties agree otherwise.
(4) An electronic communication is deemed to be sent from the sender’s place ofbusiness and received at the addressee’s place of business.
(5) If the sender or addressee has more than one place of business, the place ofbusiness for the purpose of subsection (4) is the one with the closest relationship to theunderlying transaction to which the electronic communication relates or, if there is nounderlying transaction, the person’s principal place of business.
(6) If the sender or addressee does not have a place of business, the person’splace of habitual residence is deemed to be the place of business for the purposes ofsubsection (4).
21. An electronic communication is that of the person who sends it, if it is sent
directly by the person or by an information system programmed by on behalf of theperson to operate automatically.

PART III
ELECTRONIC SIGNATURES
22. (1) If a rule of law requires the signature of a person, the requirement is met by anelectronic signature if the electronic signature that is used is as reliable and as appropriate
for the purpose for which it was generated or communicated, in all the circumstances,including any relevant agreements.
(2) Subsection (1) applies whether the requirement for a signature is in the formof an obligation or the rule of law provides consequences for the absence of a signature.
(3) An electronic signature is not without legal force and effect merely on the
ground that is in electronic form.
(4) Parties may agree to use a particular method of electronic signature, unlessotherwise provided by law.
(5) Where an electronic signature is required by the parties to an electronictransaction and the parties have not agreed on the type of electronic signature to be used,
the requirement is met in relation to the data message if:(a) the signature creation data is linked to the signatory and no other person;(b) the signature creation data at the time of signing is under the control of thesignatory and no other person;(c) any alteration to the electronic signature, made after the time of signing is
detectable; and(d) where a purpose of the legal requirement for a signature is to provide
assurance as to the soundness of the information to which it relates, any
alteration made to that information after the time of signing is detectable.
(6) Subsection (5) does not limit the ability of a person:(a) to establish in any other way, for the purpose of satisfying the requirement
referred to in subsection (1), the reliability of an electronic signature; or(b) to adduce evidence of the non-reliability of an electronic signature.
23. The Minister may make Regulations prescribing methods which satisfy therequirements of section 22.
24. A person relying on an electronic signature shall bear the legal consequences of
his failure to take reasonable steps to verify the reliability of an electronic signature.
25. In determining whether or to what extent information in electronic form is legallyeffective, no regard shall be had to the location where the information was created orused, or to the place of business of its creation.

PART IV
ACCREDITATION
26. In this Part, unless the context indicates otherwise:“accreditation” means recognition of an authentication product or service by the
Accreditation Authority.
27. (1) For the purposes of this Part the Minister shall be the Accreditation Authority.
(2) Public officers may be appointed or designated as Deputy Accreditation
Authorities and officers of the Accreditation Authority.
28. (1) The Accreditation Authority may (a) monitor the conduct, systems and operations of an authentication service
provider to ensure its compliance with section 30 and the other obligationsof authentication service providers under this Act;(b) temporarily suspend or revoke the accreditation of an authentication
product or service; and(c) appoint an independent auditing firm to conduct periodic audits of theauthentication service provider to ensure its compliance with section 30
and the other obligations of authentication service providers under thisAct.
(2) The Accreditation Authority shall maintain a publicly accessible database inrespect of:(a) authentication products or services accredited in terms of section 30;(b) authentication products and services recognised in terms of section 32;(c) revoked accreditations or recognitions; and(d) any other information as may be prescribed.
29. (1) The Accreditation Authority may accredit authentication products andservices in support of advanced electronic signatures.
(2) An application for accreditation shall (a) be made to the Accreditation Authority in the prescribed manner
supported by the prescribed information; and(b) accompanied by a non-refundable prescribed fee.
(3) A person who falsely holds out its products or services to be accredited by the
Accreditation Authority commits an offence and is liable on summary conviction to afine not exceeding ten thousand dollars.
30. (1) The Accreditation Authority may not accredit authentication products orservices unless the Accreditation Authority is satisfied that an electronic signature towhich such authentication products or services relate:(a) is uniquely linked to the user;(b) is capable of identifying the user;(c) is created using means that can be maintained under the sole control of theuser;(d) will be linked to the information to which it relates in such a manner thatany subsequent change of the information is detectable; and(e) is based on the face-to face identification of the user.
(2) For the purposes of subsection (1), the Accreditation Authority must haveregard to the following factors in respect of an authentication service provider prior toaccrediting authentication products or services:(a) its financial and human resources including its assets;(b) the quality of its hardware and software systems;(c) its procedures for processing of products and services;(d) the availability of information to third parties relying on the authentication
product or service;(e) the regularity and extent of audits by an independent body;(f) the factors referred to in subsection (4) where the products and services
are rendered by a certification service provider; and(g) any other relevant factor that may be prescribed.
(3) For the purposes of subsection (2) (b) and (c), the hardware and softwaresystems and procedures must at least:(a) be reasonably secure from intrusion and misuse;(b) provide a reasonable level of availability, reliability and correct operation;(c) be reasonably suited to performing their intended functions; and(d) adhere to generally accepted security procedures.
(4) For the purposes of subsection (1), where the products or services areprovided by a certification service provider, the Accreditation Authority may stipulate,prior to accrediting authentication products or services:(a) the technical and other requirements which certificates must meet;(b) the requirements for issuing certificates;(c) the requirements for certification practice statements;(d) the responsibilities of the certification service provider;(e) the liability of the certification service provider;(f) the records to be kept and the manner in which and length of time forwhich they must be kept;(g) requirements as to adequate certificate suspension and revocation
procedures; and(h) requirements as to adequate notification procedures relating to certificate
suspension and revocation.
(5) The Accreditation Authority may impose any conditions or restrictions
necessary when accrediting an authentication product or service.
31. (1) The Accreditation Authority may suspend or revoke an accreditation if it issatisfied that the authentication service provider has failed or ceases to meet any of therequirements, conditions or restrictions subject to which accreditation was granted under
section 30 or recognition was given in terms of section 32.
(2) Subject to the provisions of subsection (3), the Accreditation Authority may
not suspend or revoke the accreditation or recognition contemplated in subsection (1)unless it has:(a) notified the authentication service provider in writing of the intention to
do so;(b) given a description of the alleged breach of any of the requirements,
conditions or restrictions subject to which accreditation was granted under
section 30 or recognition was given in terms of section 32; and(c) afforded the authentication service provider the opportunity to (i) respond to the allegations in writing,(ii) remedy the alleged breach within a reasonable time.
(3) The Accreditation Authority may suspend accreditation granted under section
30 or recognition given in terms of section 32 with immediate effect for a period notexceeding 90 days, pending implementation of procedures required by subsection (2) ofthis section, if the continued accreditation or recognition of the authentication service
provider is reasonably likely to result in irreparable harm to consumers or any person
involved in an electronic transaction in Saint Vincent and the Grenadines.
(4) An authentication service provider whose products or services have been
accredited under the terms of this Act may terminate the accreditation at any time, subject
to terms and conditions as may be agreed to at the time of accreditation or thereafter.
32. (1) The Minister, may, by notice in the Gazette and subject to conditions as may
be determined by him, recognise the accreditation or similar recognition granted to anauthentication service provider or its authentication products or services in any foreign
jurisdiction.
(2) An authentication service provider who falsely holds out its products orservices to have been recognised by the Minister commits an offence and is liable onsummary conviction to a fine not exceeding fifty thousand dollars.

33. The Minister may make Regulations in respect of:(a) the rights and obligations of persons relating to the provision of accredited
products and services;(b) the manner in which the Accreditation Authority must administer andsupervise compliance with the obligations in relation to paragraph (a);(c) the procedure pertaining to the granting, suspension and revocation ofaccreditation;(d) fees to be paid;(e) information security requirements or guidelines; and(f) any other relevant matter which it is necessary or expedient to prescribe
for the proper implementation of this Part.
PART VCRYPTOGRAPHY PROVIDERS
34. (1) The Minister shall establish and cause to be maintained a register ofcryptography providers.
(2) The following particulars in respect of a cryptography provider shall berecorded in the register:(a) the name and address of the cryptography provider;(b) a description of the type of cryptography service or product being
provided; and(c) any other particulars as may be prescribed to adequately identify andlocate the cryptography provider and its products or services.
(3) A cryptography provider is not required to disclose confidential information
or trade secrets in respect of its cryptography products or services.
35. (1) A person shall not provide cryptography services or products in the State until
he is registered as a cryptography provider.
(2) A cryptography provider shall in the prescribed manner provide the Ministerwith the information required and pay the prescribed fee.
(3) For the purposes of subsection (1), a cryptography service or product isregarded as being provided in the State if it is provided:(a) from premises in the State;(b) to a person who is present in the State when that person makes use of theservice or product; or(c) to a person who uses the service or product for the purposes of a businesscarried on in the State or from premises in the State.

36. (1) Information contained in the database in respect of section 32 shall not be
disclosed to any other person other than the officers of the Accreditation Authority who
are responsible for keeping the database.
(2) Subsection (1) shall not apply in respect of information which is disclosed:(a) to a relevant authority which investigates a criminal offence or for the
purposes of criminal proceedings;(b) to government agencies responsible for safety and security in the State
pursuant to an official request;(c) to a cyber inspector;(d) pursuant to the provisions of the Freedom of Information Act 2003; or(e) for the purposes of any civil proceedings which relate to the provision of
cryptography services or products and to which a cryptography provider isa party.
PART VI
CONSUMER PROTECTION
37. (1) This Part applies only to electronic transactions.
(2) This Part does not apply to a regulatory authority established under a rule oflaw if that rule of law prescribes consumer protection provisions in respect of electronictransaction.
38. (1) A supplier offering goods or services for sale, for hire or for exchange by wayof an electronic transaction shall make the following information available to consumers:(a) its full name and legal status;(b) its physical address and telephone number;(c) its web site address and e-mail address;(d) the physical address where the supplier will receive legal service of
documents;(e) a sufficient description of the main characteristics of the goods or services
offered by the supplier to enable a consumer to make an informed decisionon the proposed electronic transaction;(f) the full price of the goods or services, including transport costs, taxes andany other fees or costs;(g) the manner of payment;(h) any terms of agreement, including any guarantees, that will apply to thetransaction and how those terms may be accessed, stored and reproduced
electronically by consumers;

(l) the time within which the goods will be dispatched or delivered or within
which the services will be rendered;(j) the manner and period within which consumers can access and maintain afull record of the transaction;(k) the return, exchange and refund policy of the supplier;(l) the security procedures and privacy policy of the supplier in respect of
payment, payment information and personal information; and(m)the rights of consumers under section 36, where applicable.
(2) The supplier shall provide a consumer with the opportunity:(a) to review the entire electronic transaction;(b) to correct any mistakes; and(c) to withdraw from the transaction before finally placing any order.
(3) If the supplier fails to comply with the provisions of subsection (1) or (2), theconsumer may cancel the transaction within 14 days of receiving the goods or services
under the transaction.
(4) If a transaction is cancelled as provided by subsection (3):(a) the consumer shall return the goods of the supplier or, where applicable,cease using the services performed; and(b) the supplier shall refund all payments made by the consumer including
the cost of returning the goods.
(5) The supplier shall utilize a payment system that is sufficiently secure withreference to accepted technological standards at the time of the transaction and the typeof transaction concerned.
(6) The supplier is liable for any damage suffered by a consumer due to a failure
by the supplier to comply with subsection (5).
39. (1) A consumer is entitled to cancel without reason and without penalty any
transaction and any related credit agreement for the supply:(a) of goods within 7 days after the date of receipt of the goods; or(b) of services within 7 days after the date of conclusion of the agreement.
(2) The only charge that may be levied on the consumer is the direct cost of
returning the goods.
(3) If payment for the goods or services has been effected prior to a consumer
exercising a right referred to in subsection (1), the consumer is entitled to a full refund ofsuch payment, which refund shall be made within 30 days of the date of cancellation.
(4) This section does not apply to an electronic transaction:

(a) for financial services, including but not limited to, investment services,
insurance and reinsurance operations, banking services and operations
relating to dealings in securities;(b) by way of an auction;(c) for the supply of food stuffs, beverages or other goods intended foreveryday consumption supplied to the home, residence or workplace ofthe consumer;(d) for services which began with the consumer’s consent before the end of
the seven day period referred to in subsection (1);(e) where the price for the supply of goods or services is dependent on
fluctuations in the financial markets and which cannot be controlled by the
supplier;(f) where the goods (i) are made to the consumer’s specifications,(ii) are clearly personalised,(iii)

by reason of their nature cannot be returned, or(iv)are likely to deteriorate or expire rapidly;(g) where audio or video recordings or computer software were unsealed by
the consumer;(h) for the sale of newspapers, periodicals, magazines and books;(i) for the provision of gaming and lottery services; or(j) for the provision of accommodation, transport, catering or leisure services
and where the supplier undertakes, when the transaction is concluded, toprovide these services on a specific date or within a specific period.
(5) This section must not be construed as prejudicing the rights of a consumer
provided for in any other law.
40. (1) A person who sends unsolicited commercial communications to consumers
must provide the consumer with:(a) the option to cancel his subscription to the mailing list of that person; and(b) the identifying particulars of the source from which that person obtained
the consumer’s personal information, on the request of the consumer.
(2) Where a consumer fails to respond to an unsolicited commercial
communication, no agreement is considered to be concluded.
(3) A person who contravenes subsection (1) commits an offence and is liable onsummary conviction to a fine not exceeding five thousand dollars.

(4) A person who sends unsolicited commercial communications to a person who
has advised the sender that such communications are unwelcomed, commits an offence
and is liable upon summary conviction to a fine not exceeding six thousand dollars.
41. The protection provided to consumers in this Part applies irrespective of the legal
system applicable to the agreement in question.
42. Any provision in an agreement which excludes any rights provided for in this Partis void.
43. A consumer may lodge a complaint with the appropriate consumer protection
body in respect of non-compliance with the provisions of this Part by a supplier.
PART VIIPROTECTION OF CRITICAL INFORMATION SYSTEMS
44. The provisions of this Part only apply to critical information systems of publicauthorities.
45. The Minister may by notice in the Gazette:(a) declare certain classes of information which are of importance to theprotection of the national security of Saint Vincent and the Grenadines orthe economic and social well-being of its citizens to be critical information
for the purposes of this Part;(b) establish procedures to be followed in the identification of criticalinformation systems for the purposes of this Part.
46. (1) The Minister may by notice in the Gazette determine:(a) requirements for the registration of critical information systems with the
Ministry or such other body as the Minister may specify;(b) procedures to be followed for registration; and(c) any other matter relating to registration.
(2) For the purposes of this Part, registration of critical information systems
means recording the following information in a register maintained by the Ministry or bysuch other body as the Minister may specify:(a) the full name, address and contact details of the critical information
system administrator;(b) the location of the critical information system including the location ofcomponent parts thereof where a critical information system is not stored
at a single location; and(c) a general description of the categories or types of information stored in thesystem excluding the contents of such system.
47. (1) The Minister may prescribe minimum standards or prohibitions in respect of:(a) the general management of critical information systems;

(b) access to, transfer and control of critical information systems;(c) infrastructural or procedural rules and requirement for securing the
integrity and authenticity of critical information;(d) procedures and technological methods to be used in the storage orarchiving of critical information systems;(e) disaster recovery plans in the event of loss of critical information systems
or parts thereof;(f) any other matter required for the adequate protection, management andcontrol of critical information systems.
(2) This Part must not be construed so as to prejudice the right of a publicauthority to perform any function authorised in terms of any other law.
48. (1) Information contained in the register provided for in section 46 must not be
disclosed to any other person than to employees of the Ministry or body who areresponsible for keeping the register.
(2) Subsection (1) does not apply in respect of information which is disclosed:(a) to a relevant authority which is investigating a criminal offence or for the
purposes of any criminal proceedings;(b) to public authorities responsible for safety and security in Saint Vincent
and the Grenadines pursuant to an official request;(c) to an independent auditor for the purposes of section 49;(d) pursuant to the provisions of the Freedom of Information Act, 2003;(e) for the purposes of any civil proceedings which relate to the criticalinformation system or parts thereof.
49. (1) The Minister may, from time to time, cause audits to be performed in relation
to critical information systems to evaluate compliance with Regulations made under thisPart.
(2) The audit may be performed by an independent auditor.
50. Where the audit performed under section 49 reveals non-compliance with thisPart, the Minister shall notify the critical information system administrator in writing of
the non-compliance, stating:(a) the finding of the audit report;(b) the action required to remedy the non-compliance; and(c) the period within which the remedial action must be performed.
PART VII
LIABILITY OF SERVICE PROVIDERS

51. In this Part, “service provider” means any person providing information systemservices.
52. (1) The Minister may, on application by an industry representative body forservice providers, by notice in the Gazette, recognise the body.
(2) The Minister may only recognise a representative body referred to in
subsection (1) if the Minister is satisfied that:(a) its members are subject to a code of conduct;(b) the code of conduct requires continued adherence to adequate standards ofconduct; and(c) the representative body is capable of monitoring and enforcing its code of
conduct adequately.
53. The limitations on liability established by this Part apply to a service provider
only if:(a) the service provider is a member of the representative body referred to in
section 52; and(b) the service provider has adopted and implemented the official code of
conduct of that representative body.
54. (1) A service provider is not liable for providing access to or for operating
facilities for information systems or transmitting, routing or storage of data messages via
an information system under its control, as long as the service provider:(a) does not initiate the transmission;(b) does not select the addressee;(c) performs the functions in an automatic, technical manner without selectionof the data;(d) does not modify the data contained in the transmission.
(2) The acts of transmission, routing and provision of access referred to in
subsection (1) include the automatic, intermediate and transient storage of theinformation transmitted inso far as this takes place:(a) for the sole purpose of carrying out the transmission in the information
system;(b) in a manner that makes it ordinarily inaccessible to anyone other than
anticipated recipients; and(c) for a period no longer than is reasonably necessary for the transmission.
(3) Notwithstanding this section, a competent court may order a service provider
to terminate or prevent unlawful activity in terms of any other law.
55. (1) A service provider that transmits data provided by a recipient of the service
via an information system under its control is not liable for the automatic, intermediateand temporary storage of that data, where the purpose of storing such data is to make theonward transmission of the data more efficient to other recipients of the service upon
their request, as long as the service provider:(a) does not modify the data;(c) complies with the conditions on access to the data;(c) complies with rules regarding the updating of the data, specified in amanner widely recognised and used by the industry;(d) does not interfere with the lawful use of technology, widely recognised
and used by the industry, to obtain information on the use of data; and(e) removes or disables access to the data it has stored upon receiving a
notification referred to in section 57.
(2) Notwithstanding this section, a competent court may order a service provider
to terminate or prevent unlawful activity in the terms of any other law.
56. (1) A service provider that provides a service that consists of the storage of data
provided by a recipient of the service, is not liable for damages arising from data stored at
the request of the recipient of the service, as long as the service provider:(a) does not have actual knowledge that the data message or an activity
relating to the data message is infringing the rights of a third party; or(b) is not aware of facts or circumstances from which infringing activity or the
infringing nature of the data message is apparent; and(c) upon receipt of a notification referred to in section 57, acts expeditiously
to remove or to disable access to the data.
(2) The limitations on liability established by this section do not apply to a service
provider unless it has designated an agent to deal with notifications of infringement andhas provided through its services, including on its websites, in locations accessible to the
public, the name, address, phone number and e-mail address of the agent.
(3) Notwithstanding this section, a competent court may order a service provider
to terminate or prevent an unlawful activity in terms of any other law.
(4) Subsection (1) does not apply when the recipient of the service is acting under
the authority of the control of the service provider.
57. (1) The Minister shall issue a notification of unlawful activity to a service
provider upon receiving a complaint by a complainant.
(2) For the purposes of this Part, notification of unlawful activity shall be inwriting and be addressed to the service provider or its designated agent and must include:(a) the full names and address of the complainant;(b) the written or electronic signature of the complainant;(c) identification of the right that has allegedly been infringed;

(d) identification of the material or activity that is claimed to be subject of
unlawful activity;(e) the remedial action required to be taken by the service provider in respectof the complaint;(f) telephonic and electronic contact details, if any, of the complainant;(g) a statement that the complainant is acting in good faith;(h) a statement by the complainant that the information in the take down
notification is to his knowledge true and correct; and(i) an undertaking given by the complainant to indemnify the service provider
from any liability incurred as a result of remedial action taken by it incomplying with the notification.
58. When providing the services contemplated in this Part, there is no generalobligation of a service provider to:(a) monitor the data which it transmits or stores; or(b) actively seek facts or circumstances indicating an unlawful activity.
59. This Part does not affect:(a) any obligation founded on an agreement;(b) the obligation of a service provider under a licensing or other regulatory
regime.
PART IXCYBER INSPECTORS
60. (1) An officer of the Ministry or any other qualified person may be appointed as acyber inspector to perform the functions provided for in this Part.
(2) A cyber inspector must be provided with a certificate of appointment signedby or on behalf of the Minister in which it is stated or evidenced that he is appointed as acyber inspector.
(3) A certificate provided for in subsection (2) may be in the form of an advanced
electronic signature.
(4) When a cyber inspector performs any function in terms of this Act, he shall:(a) be in possession of a certificate of appointment referred to in subsection(2); and(b) show that certificate to any person who (i) is subject to an investigation or an employee of that person, or(ii) requests to see the certificate.
(5) A person who:

(a) hinders or obstructs a cyber inspector in the performance of his functions;or(b) falsely holds himself out as a cyber inspector;
commits an offence and is liable on summary conviction to a fine not exceeding five
thousand dollars or imprisonment for a term not exceeding one year or both a fine andimprisonment.
61. (1) A cyber inspector may:(a) monitor and inspect any web site or activity or an information system inthe public domain and report any unlawful activity to the appropriate
authority;(b) in respect of a cryptography service provider(i) investigate the activities of a cryptography service provider in relation
to its compliance or non-compliance with the provisions of this Act,and(ii) issue an order in writing to a cryptography service provider to comply
with the provisions of this Act;(c) in respect of an authentication service provider:(i) investigate the activities of an authentication service provider in
relation to its compliance or non-compliance with the provisions of
this Act,(ii) investigate the activities of an authentication service provider falsely
holding itself, its products or services out as having been accreditedby the Ministry,(iii)

issue an order in writing to an authentication service provider tocomply with the provisions of this Act;(d) in respect of a critical information system administration, perform an audit
as provided for in section 49.
(2) A police officer may apply for assistance from a cyber inspector to assist in an
investigation.
62. (1) A cyber inspector may, in the performance of his functions, at any reasonable
time and without prior notice, on the authority of a warrant issued in terms of section 63(1), enter any premises or access an information system that has a bearing on an
investigation and:(a) search the premises or the information system;(b) search any person on the premises if there are reasonable grounds forbelieving that the person has personal possession of an article, document
or record that has a bearing on the investigation;

(c) take extracts from, or make copies of, any book, document or record thatis on or in the premises or information system that has a bearing on theinvestigation;(d) demand the production and inspect relevant licences and registration
certificates as provided in any law;(e) inspect any facilities on the premises which are linked or associated with
the information system and which have a bearing on the investigation;(f) have access to and inspect the operation of any computer or equipment
forming part of an information system and any associated apparatus ormaterial which the cyber inspector has reasonable cause to believe is or
has been used in connection with any offence on which the investigation isbased;(g) use or cause to be used any information system or part thereof to searchany data contained in or available to such information systems;(h) require the person by whom or on whose behalf the cyber inspector has
reasonable cause to believe the computer or information system is or has
been used, or require any person in control of, or otherwise involved withthe operation of the computer or information system, to provide him withsuch reasonable technical assistance as he may require for the purposes ofthis Part; or(i) make inquiries as may be necessary to ascertain whether the provisions of
this Act or any other law on which an investigation is based have been
complied with.
(2) A person who refuses to cooperate or hinders a person conducting a lawful
search and seizure in terms of this section commits an offence and is liable to pay a finenot exceeding five thousand dollars or a term of imprisonment not exceeding one year orboth a fine and imprisonment.
63. (1) A cyber inspector may obtain a warrant pursuant to section 41 of the Criminal
Procedure Code.
(2) For the purposes of subsection (1), a warrant may be issued where:(a) an offence under this Act has been committed within the State; or(b) the subject of an investigation is either (i) a citizen or ordinarily resident in the State, or(ii) present in the State at the time when the warrant is applied for; or(c) information pertinent to the investigation is accessible from within thearea of jurisdiction of the court.
(3) A warrant to enter, search and seize may be issued at any time and shall:(a) identify the premises or information system that may be entered andsearched; and(b) specify which act may be performed thereunder by the cyber inspector towhom it is issued.
(4) A warrant to enter and search premises under this Part may be executed only
during the day, unless the judicial officer, who issues it authorises that it may be executedat any other time.
PART XINFORMATION SYSTEMS AND COMPUTER RELATED CRIMES
64. In this Part, unless the contrary intention appears:“access” includes the action of a person who, after taking note of any data,
becomes aware of the fact that he is not authorised to access that data and still
continues to access that data,“electronic data storage medium” means any article or material (for example, adisk) from which information is capable of being reproduced, with or without
the aid of other article or device;“electronic communication” means any transfer of signs, signals, writing, images,
sounds, data or intelligence of any nature, transmitted in whole or in part by awire, radio, computer, electromagnetic, photo-electric or photo-opticalsystem;“electronic mail” means the transmission of information or communication by theuse of the internet, a computer, a facsimile machine, a pager, a cellular
telephone or other electronic means sent to a person identified by a uniqueaddress or address numbers and received by that person;“service provider” means:(a) a public or private entity that provides to users of its services the ability tocommunicate by means of an information system;(b) any other entity that processes or stores computer data on behalf of that
entity or those users.
“traffic data” means computer data that:(a) relates to a communication by means of a computer system;(b) is generated by a computer system that is part of the chain ofcommunication;(c) shows the communication’s origin, destination, route, time, date, size,
duration or the type of underlying services.
65. This Part applies to an act done or an omission made:(a) in Saint Vincent and the Grenadines;

(b) on a ship or air craft registered in Saint Vincent and the Grenadines;(c) by a national of Saint Vincent and the Grenadines;(d) by a national of Saint Vincent and the Grenadines outside the territory ofSaint Vincent and the Grenadines, if the person’s conduct would also
constitute an offence under a law of the country where the offence wascommitted.
66. A person who intentionally, without lawful excuse or justification, accesses thewhole or any part of an information system commits an offence and is liable onconviction on indictment to a fine not exceeding five thousand dollars or to a term of
imprisonment not exceeding two years.
67. (1) A person who, intentionally or recklessly, without lawful excuse or
justification, does any of the following acts:(a) destroys or alters data;(b) renders data meaningless, useless or ineffective;(c) obstructs, interrupts or interferes with the lawful use of data;(d) obstructs, interrupts or interferes with any person in the lawful use of data;(e) denies access to data to any person entitled to it;
commits an offence and is liable on conviction on indictment to a fine not exceeding
thirty thousand dollars or a term of imprisonment not exceeding four years or to both afine and imprisonment.
(2) Subsection (1) applies whether the person’s act is of temporary or permanent
effect.
68. (1) A person who intentionally or recklessly, without lawful excuse or
justification:(a) hinders or interfers with the functioning of an information system; or(b) hinders or interferes with a person who is lawfully using or operating an
information system;
commits an offence and is liable on conviction on indictment to a fine not exceeding one
hundred thousand dollars or to a term of imprisonment not exceeding ten years or both.
(2) In subsection (1) “hinder” in relation to an information system, includes:(a) cutting the electricity supply to an information system;(b) causing electromagnetic interference to an information system;(c) corrupting a computer system by any means; or(d) inputting, deleting or altering data.
69. A person who intentionally without lawful excuse or justification intercepts bytechnical means:(a) any non-public transmission to, from or within an information system; or(b) electromagnetic emissions from an information system that are carrying
data;
commits an offence and is liable on conviction on indictment to a fine not exceeding
fifteen thousand dollars or to a term of imprisonment not exceeding one year or to both afine and imprisonment.
70. (1) A person commits an offence if the person:(a) intentionally or recklessly, without lawful excuse or justification,
produces, sells, procures for use, imports, exports, distributes or otherwise
makes available (i) a device, including a computer programme, that is designed or adapted
for the purpose of contravening section 66, 67, 68, or 69,(ii) a password, access code or similar data by which the whole or any partof an information system is capable of being accessed,with the intent that it be used by any person forcontravening section 64, 65, 66, or 67; orthe purpose of(b) has an item mentioned in sub-paragraph (i) or (ii) in his possession with
the intent that it be used by any person for the purpose of contravening
section 64, 65, 66, or 67.
(2) A person found guilty of an offence under this section is liable on conviction
on indictment to a fine not exceeding three thousand dollars or to a term of imprisonment
not exceeding twelve months, or to both a fine and imprisonment.
71. (1) A person who intentionally, does any of the following acts:(a) publishes child pornography through an information system;(b) produces child pornography for the purpose of its publication through an
information system; or(c) possesses child pornography in an information system or on an electronic
data storage medium,commits an offence and is liable on conviction on indictment :(d) in the case of an individual, to a term of imprisonment not exceeding
fifteen years or to a term of imprisonment not exceeding ten years or toboth a fine and imprisonment;(e) in the case of a corporation to a fine not exceeding twenty-five thousand
dollars.
(2) It is a defence to a charge of an offence under subsection (1) (a) or (1) (c) if
the person establishes that the child pornography was for a bona fide scientific, research,
medical or law enforcement purpose.

(3) In this section:“child pornography” includes material that visually depicts (a) a minor engaged in sexually explicit conduct;(b) a person who appears to be a minor engaged in sexually explicit
conduct; or(c) realistic images representing a minor engaged in sexually explicit
conduct;“publish” includes:(a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend for
gain, exchange, barter, sell or offer for sale, let on hire or offer to let
on hire, offer in any other way, or make available in any way;(b) have in possession or custody, or under control, for the purpose of
doing an act referred to in paragraph (a); or(c) print, photograph, copy or make in any other manner (whether of thesame or of a different kind or nature) for the purpose of doing an act
referred to in paragraph (a).
72. A person who fraudulently causes loss of property to another person by:(a) any input, access, alteration, deleting or suppression of data;(b) any interference with the functioning of an information system;with intent to procure for himself or another person an advantage, commits an offence
and is liable upon conviction on indictment to a fine not exceeding ten thousand dollars
or a term of imprisonment not exceeding five years or to both a fine and imprisonment.
73. A person who:(a) in an electronic mail or communication uses any words or language
threatening to inflict bodily harm to any person or to any member of that
person’s family or damage to the property of any person;(b) uses electronic mail or communication, whether or not conversation
ensues, for the purpose of abusing, annoying, threatening terrifying,harassing or embarrassing any person;(c) uses electronic mail or communication to knowingly make any false
statement concerning death, injury, illness, disfigurement, indecent
conduct or criminal conduct with the intent to abuse, annoy, threaten,
terrify, harass or embarrass;commits an offence and is liable on summary conviction to a fine not exceeding ten
thousand dollars or a term of imprisonment not exceeding five years or to both a fine andimprisonment.
PART XIPROCEDURAL POWERS
74. In this Part:“thing” includes (a) an information system or part of an information system; and(b) another information system if (i) data from that information system is available to the first information
system being searched, and(ii) there are reasonable grounds for believing that the information datasought is stored in the other information system;(c) a data storage medium.
“seize” includes:(a) make and retain a copy of data, including by using on-site equipment;(b) render inaccessible, or remove, data in the accessed information system;and(c) take a printout of output of data.
75. (1) If a judicial officer is satisfied on the basis of evidence on oath that there arereasonable grounds to believe that there may be data or in a place or, a thing:(a) material that may constitute evidence in proving an offence; or(b) material that has been acquired by a person as a result of an offence;
the judicial officer may issue a warrant authorising a police officer to enter the place tosearch and seize the data or thing.
76. (1) A person who is in possession or control of an electronic data storage medium
or information system that is the subject of a search under section 75 must permit, andassist if required, the person making the search to:(a) access and use an information system or electronic data storage medium tosearch any data available to or in the system;(b) obtain and copy that data;(c) use equipment to make copies; and(d) obtain an intelligible output from an information system in a plain text
format that can be ready by a person.
(2) A person who fails without lawful excuse or justification to permit a person to
search or a person in making a search commits an offence and is liable on summaryconviction:

(a) in the case of an individual, to a fine not exceeding five thousand dollars
or a term of imprisonment not exceeding two years or to both a fine andimprisonment;(b) in the case of a corporation, to a fine not exceeding fifty thousand dollars.
(3) In this section “assist” includes:(a) providing passwords;(b) providing encryption keys;(c) making available any other information necessary to access an information
system.
77. (1) If an information system or computer data has been removed or rendered
inaccessible following a search or a seizure under section 73, the person who made thesearch must, at the time of the search or as soon as practicable after the search:(a) make a list of what has been seized or rendered inaccessible, with the date
and time of seizure; and(b) give a copy of the list to:(i) the occupier of the premises, or(ii) the person in control of the information system.
(2) Subject to sub-section (3), on request, a police officer or another authorized
person shall:(a) permit a person who had the custody or control of the information system,or someone acting on the person’s behalf to access and copy data on thesystem; or(b) give the person a copy of the data.
(3) The police officer or another authorized person may refuse to give access orprovide copies if he has reasonable grounds for believing that giving the access, orproviding the copies:(a) would constitute a criminal offence;(b) would prejudice,(i) the investigation in connection with which the search was carried out,(ii) another ongoing investigation, or(iii)

any criminal proceedings that are pending or that maybe brought inrelation to any of those investigations.

78. (1) If a judicial officer is satisfied on the basis of an application by a police
officer that specified data, or a printout or other information, is reasonably required forthe purpose of a criminal investigation or criminal proceedings, the judicial officer mayorder that:

(a) a person in Saint Vincent and the Grenadines in control of an
information system produce from the system specified data or a
printout or other intelligible output of that data;(b) a service provider in Saint Vincent and the Grenadines produce
information about persons who subscribe to or otherwise use theservice.
(2) Where any material to which a criminal investigation relates consists of datastored in an electronic data storage medium, or preserved by any mechanical or electronic
device, the request shall be deemed to require the person to produce or give access to it ina form in which it can be taken away and in which it is visible and legible.
79. If a judicial officer is satisfied on the basis of an ex parte application by a police
officer for the purpose of a criminal investigation or criminal proceedings, the judicial
officer may order that a person in control of the information system disclose sufficienttraffic data about a specified communication to identify:(a) the service providers; and(b) the path through which the communication was transmitted.
80. (1) If a police officer is satisfied that:(a) data stored in an information system is reasonably required for the
purposes of a criminal investigation; and(b) there is risk that the data may be destroyed or rendered inaccessible;
the police officer may, by written notice given to a person in control of the information
system, require the person in control of the information system to ensure that the data
specified in the notice be preserved for a period of up to 7 days as specified in the notice.
(2) The period may be extended beyond 7 days if, on an ex parte application, ajudicial officer authorizes an extension for a further specified period of time.
81. If a judicial officer is satisfied on the basis of information on oath that there arereasonable grounds to believe that the content of electronic communications is reasonably
required for the purposes of a criminal investigation, the judicial officer may:(a) order a service provider whose service is available in Saint Vincent and
the Grenadines through application of technical means to collect or recordor to permit or assist competent authorities with the collection or recordingof data associated with specified communications transmitted by means ofan information system;(b) authorize a police officer to collect or record that data through applicationof technical means.
82. If a police officer is satisfied that traffic data associated with a specified
communication is reasonably required for the purposes of a criminal investigation, thepolice officer may, by written notice given to a person in control of such data, requestthat person to:(a) collect or record traffic data associated with specified communication
during a specified period;(b) permit and assist a specified police officer to collect or record that data.
(2) If a judicial officer is satisfied on the basis of information on oath that there
are reasonable grounds to believe that traffic data is reasonably required for the purposesof a criminal investigation, the judicial officer may authorize a police officer to collect orrecord traffic data associated with a specified communication during a specified period
through application of technical means.
83. In proceedings for an offence against a law of Saint Vincent and the Grenadines,
the fact that:(a) it is alleged that an offence of interfering with an information system has
been committed; and(b) evidence has been generated from that information system;
does not of itself prevent that evidence from being admitted.
84. (1) A service provider who without lawful authority discloses:(a) the fact that an order under section 76, 77, 78, 79, 80 and 81 has been
made;(b) anything done under the order; or(c) any data collected or recorded under the order,
commits an offence and is liable on summary conviction to a fine not exceeding twelve
thousand dollars.
(2) A service provider is not liable under a civil or criminal law of Saint Vincent
and the Grenadines for the disclosure of any data or other information that he discloses
under sections 76, 77, 78, 79, 80 and 81.
85. An offence under sections 66, 67, 68, 69 or 72 of this Act shall be considered to
be an extraditable crime for which extradition may be granted or obtained under the
Extradition Act.
PART XII
GENERAL LAW
86. This Act does not affect criminal or civil liability in terms of the common law.
87. The Minister may make Regulations:(a) to designate an entity as a public body;(b) to provide that electronic signatures for specified purposes shall be reliable
as appropriate for those purposes;(c) to provide that electronic signatures for specified purposes shall be createdby specified means;(d) to provide formats by which information may be communicatedelectronically, whether or not there exist prescribed non-electronic forms.
(e) to exclude classes of transactions, documents, or rules of law from theapplication of this Act;(f) for any other purpose for the more effective achievement of the objects of
the Act.

Passed in the House of Assembly thisday of2007.

Clerk of the House of Assembly

OBJECTS AND REASONSThe object of this Bill is to eliminate legal barriers to the effective use of electronic
communications; to promote the harmonisation of legal rules on electronic
communications across national boundaries; to facilitate the appropriate use of electronictransactions; to promote business and community confidence in electronic transactions,to enable business and community to use electronic communications in their transactions
with government and to combat electronic related crime and to facilitate the collection ofelectronic evidence: In order to embrace technology we must seek to make it ascomfortable to do business in that context as it is now with paper and ink. We must also
make it safe to do business in that context. The aim of this Bill is to achieve bothobjectives.

Hon. Jerrol Thompson
Minister of Telecommunications, Science,
Technology and Industry