BELIZE
ELECTRONIC TRANSACTIONS ACTCHAPTER 290:01
REVISED EDITION 2003
SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003
This is a revised edition of the Substantive Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive
Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws-Page

ARRANGEMENT OF SECTIONS

3ELECTRONIC TRANSACTIONS ACT

5Amendments in force as at 31st May, 2003.

BELIZEELECTRONIC TRANSACTIONS ACTCHAPTER 290:01
REVISED EDITION 2003
SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003
This is a revised edition of the Substantive Laws, prepared by the Law Revision
Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive
Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws-Page

ARRANGEMENT OF SECTIONS

3

ELECTRONIC TRANSACTIONS ACT

5Amendments in force as at 31st May, 2003.

Electronic Transactions[CAP. 290:01 3

CHAPTER 290:01
ELECTRONIC TRANSACTIONSARRANGEMENT OF SECTIONS

1.

Short title.

2.

Commencement.

3.

Objects.

4.

Definitions.

5.

Crown to be bound.

6.

Non-discrimination against electronic information.

7.

Writing requirements.

8.

Prescribed forms.

9.

Signature requirements.

10.

Requirement to produce an original document.

11.

Keeping written documents.

12.

Integrity of information.

13.

Recognition of foreign electronic documents and signatures.

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REVISED EDITION 2003

4CAP. 290:01]

Electronic Transactions

14.

Powers of public bodies.

15.

Exclusions.

16.

Certain other laws not affected.

17.

Consent.

18.

Contracts.

19.

Automated contracts.

20.

Mistakes in partly-automated transactions.

21.

Expressions of will.

22.

Time and place of sending and receiving electronic communications.

23.

Attribution of electronic communications.

24.

Consumer protection.

25.

Regulations.

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Electronic Transactions[CAP. 290:01 5

CHAPTER 290:01
ELECTRONIC TRANSACTIONS

No. 8 of 2003.

[31st January, 2003]
1.

This Act may be cited as the Electronic Transactions Act.

Short title.

2.
This Act shall come into force on a day to be appointed by the Attorney
General by Order published in the Gazette.

Commencement.

3.

Objects.

4.

The objects of this Act are:

(1)

(a)

to eliminate legal barriers to the effective use ofelectronic communications in transactions;(b)to promote the harmonization of legal rules onelectronic transactions across national boundaries;(c)to facilitate the appropriate use of electronictransactions;(d)to promote business and community confidence inelectronic transactions; and(e)to enable business and the community to use
electronic communications in their transactions withgovernment.

In this Act, unless the context otherwise requires:Definitions.

“electronic” includes created, recorded, transmitted or stored in digital or otherintangible form by electronic, magnetic, optical or by any other means that has
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REVISED EDITION 2003

6CAP. 290:01]

Electronic Transactions

capabilities for creation, recording, transmission or storage similar to thosemeans;“electronic signature” means information in electronic form that a person has
created or adopted in order to sign a document and that is in, attached to or
associated with a document;“public body” includes:(a)a Minister, ministry or department of government;(b)courts;(c)bodies exercising statutory authority, of legislative,executive or judicial nature;(d)local public authorities;“information system” means a system for generating, sending, receiving, storingor otherwise processing electronic communications;“rule of law” means the common law, legislation, and subordinate legislation.
Crown to bebound.

5.

This Act binds the Crown.

Nondiscrimination
against electronicinformation.

6.
(1)
Information shall not be denied legal effect, validity orenforcement solely on the ground that it is in electronic form.
(2)

In sections 7, 8, 9, 10 and 11:(a)

THE SUBSTANTIVE LAWS OF BELIZE[where rules of law require information to be inwriting, given, signed, original, or retained, therequirement is met if the section is complied with;]

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Electronic Transactions[CAP. 290:01 7(b)where rules of law provide consequences where
the information is not in writing, given, signed,original, or retained, the consequences are avoided
if the section is complied with; and(c)where rules of law provide consequences if theinformation is in writing, given, signed, original orretained, the consequences are achieved if thesection is complied with.

7.
(1)
A rule of law that requires information to be in writing or to begiven in writing is satisfied by information in electronic form if the information isaccessible so as to be usable for subsequent reference.

Writingrequirements.

(2)
In subsection (1), giving information includes, but is not limited
to, the following:(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;

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8CAP. 290:01]

Electronic Transactions(i)filing or lodging an objection;(j)giving a statement of reasons.

(3)
Information in electronic form is not given unless the information
is capable of being retained by the person to whom it is given.
Prescribed forms.

Signaturerequirements.

8.
A rule of law that requires a person to provide information in aprescribed non-electronic form to another person is satisfied by the provisionof the information in an electronic form that is:(a)organized in the same or substantially the same
way as the prescribed non-electronic 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.

9.
(1)
If a rule of law requires the signature of a person, that
requirement is met by an electronic signature.
(2)
Parties may agree to use a particular method of electronic
signature, unless otherwise provided by law.

Requirement toproduce anoriginal document.

10.
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 thedocument in electronic form, if(a)THE SUBSTANTIVE LAWS OF BELIZE[having regard to all the relevant circumstances,the method of generating the electronic form of
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REVISED EDITION 2003

Electronic Transactions(b)[CAP. 290:01 9

in a case where an original document is to be given
to a person, the document given to the person inelectronic form is accessible so as to be usable forsubsequent reference and capable of being retainedby the person.

11.
A rule of law that requires a person to keep information either that is in
writing or that is in electronic form, is satisfied by keeping the information inelectronic form, if :(a)having regard to all the relevant circumstances whenthe electronic form of the document was generated,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)when the electronic form of the document wasgenerated, the information contained in theelectronic form of the document is accessible so
as to be usable for subsequent reference to any
person entitled to have access to the informationor to require its production.

12.
For the purposes of sections 10 and 11, the integrity of information in adocument is maintained if, and only if, the information has remained complete
and unaltered, apart from:(a)the addition of any endorsement; or(b)any immaterial change,Keeping written
documents.

Integrity ofinformation.

which arises in the normal course of communication, storage or display.
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10CAP. 290:01]

Electronic Transactions

Recognition offoreign electronic
documents andsignatures.

13.
In determining whether or to what extent information in electronic form
is legally effective, no regard shall be had to the location where the information
was created or used, or to the place of business of its creator.

Powers of publicbodies.

14.
(1)
If a public body has power to create, collect, receive, store,transfer, distribute, publish, issue or otherwise deal with information anddocuments, it has the power to do so electronically.
(2)
Subsection (1) is subject to any rule of law that expressly
prohibits the use of electronic 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 not in itself constitute an express prohibition of the use ofelectronic means.
(4)
Where a public body consents to receive any information inelectronic form, it may specify:

THE SUBSTANTIVE LAWS OF BELIZE(a)the manner and format in which the information
shall be communicated to it;(b)the type or method of electronic signature
required, if any;(c)control processes and procedures to ensure
integrity, security and confidentiality of theinformation;(d)any other attributes for the information that arecurrently specified for corresponding information
on paper.

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Electronic Transactions[CAP. 290:01 11(5)
The requirements of subsections 7(1) and (3) and section 8
also apply to information described in subsection (4).
(6)
A public body may make or receive payment in electronic formby any manner specified by the public body and approved by the Minister ofFinance.
15.

This Act does not apply to:

Exclusions.

(a)the creation or transfer of interests in real property;(b)negotiable instruments;(c)documents of title;(d)wills and trusts created by will; and(e)any class of documents, transactions or rules oflaw excluded by regulation under this Act.

16.
(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 electronicform, including a method of electronic signature.

Certain otherlaws notaffected.

(2)
Nothing in this Act limits the operation of any other rule of law
requiring information to be posted or displayed in a specified manner or requiring
any information to be transmitted by a specified method.
(3)
A reference to writing or signature does not initself constitute aprohibition for the purpose of subsection (1) or a legal requirement for thepurpose of subsection (2).

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12Consent.

CAP. 290:01]

Electronic Transactions

17.
(1)
Nothing in this Act requires a person to use, provide or accept
information in electronic form without consent, but a person’s consent to doso may be inferred from the person’s conduct.
(2)
Despite subsection (1), the consent of a public body 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 to communicate with it for particular purposes.
(3)
Nothing in this Act authorizes a public body to require any
person to use, provide or accept information in electronic form without consent.

Contracts.

18.
(1)
Unless the parties agree otherwise, an offer, the acceptanceof an offer or any other matter that is material to the formation or operation ofa 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 on
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 in electronic form.
Automaticcontracts.

19.
A contract may be formed by the interaction of computer programs
or other electronic means used to initiate an act or to respond to electronic
information, in whole or in part, without review by an individual at thetime of the response or act.

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Electronic Transactions[CAP. 290:01 1320.
(1)
An electronic transaction between an individual and anotherperson’s automated source of information has no legal effect if :(a)the individual makes a material error in electronic
information or an electronic document used in thetransaction;(b)

the automated source of information does not givethe individual an opportunity to prevent or correct
the error;(c)on becoming aware of the error, the individual
promptly notifies the other person; and(d)in a case where consideration is received as a resultof the error, the individual, returns or destroys theconsideration in accordance with the otherperson’s instructions or, if there are no instructions,deals with the consideration in a reasonable manner,and does not benefit materially by receiving theconsideration.

Mistakes inpartlyauthomatedtransactions.

(2)This section does not limit the operation of any other rule oflaw relating to mistake.
21.
As between the originator and the addressee of a communication inelectronic 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 electronicform.

Expressions ofwill.

22.
(1)
An electronic communication is sent when it enters an
information system outside 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.

Time and placeof sending andreceiving
electroniccommunications.

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14CAP. 290:01]

Electronic Transactions(2)
An electronic communication is presumed to be received by
the addressee:(3)
otherwise.

(a)if the addressee has designated or uses aninformation system for the purpose of receiving
communications of the type sent, when it entersthat information system and becomes capable ofbeing retrieved and processed by the addressee;or(b)if the addressee has not designated or does notuse an information system for the purpose ofreceiving communications of the type sent, or if
the addressee has designated or used such asystem but the communication has been sent toanother system, when the addressee becomesaware of the communication in the addressee’s
information system and it becomes capable ofbeing retrieved and processed by the addressee.

Subsections (1) and (2) apply unless the parties agree(4)
An electronic communication is deemed to be sent from thesender’s place of business and received at the addressee’s place of business.
(5)
If the sender or the addressee has more than one place ofbusiness, the place of business for the purposes of subsection (4) is the one
with the closest relationship to the underlying transaction to which the electroniccommunication relates or, if there is no underlying transaction, the person’s
principal place of business.

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Electronic Transactions[CAP. 290:01 15(6)If the sender or addressee does not have a place of business,the person’s place of habitual residence is deemed to be the place of businessfor the purposes of subsection (4).
23.
An electronic communication is that of the person who sends it, if it issent directly by the person or by an information system programmed by or on
behalf of the person to operate automatically.

Attribution ofelectroniccommunications.

24.
(1)
A person using electronic communications to sell goods orservices to consumers shall provide accurate, clear and accessible information
about themselves, sufficient to allow:

Consumerprotection.

(a)the legal name of the person, its 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)
A person using electronic communications to sell goods orservices to consumers shall provide accurate and accessible information
describing the goods or services offered, sufficient to enable consumers to makean informed decision about the proposed transaction and to maintain an adequate
record of the information.
(3)
A person using electronic communications to sell goods orservices to consumers shall provide information about the terms, conditions
and costs associated with a transaction, and notably:(a)terms, conditions and methods of payment; andTHE SUBSTANTIVE LAWS OF BELIZE[]

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16CAP. 290:01]

Electronic Transactions(b)

Regulations.

25.

details of and conditions related to withdrawal,termination, return, exchange, cancellation andrefund policy information.

The Attorney General may make regulations:(a)to designate an entity as a public body;(b)to provide that electronic signatures for specified
purposes shall be as reliable as appropriate forthose purposes;(c)to provide that electronic signatures for specified
purposes shall be created by specified means;(d)to provide formats by which information may be
communicated electronically, whether or not there
exist prescribed non-electronic forms;(e)to exclude classes of transactions, documents, orrules of law from the application of this Act; and(f)for any other purpose for the more effective
achievement of the objects of the Act.

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