TIlE 1:.I.I:crRON IC TRANSACTIONS ACT.2008-OS· 1~
ARRANGEMENT Of. SECTIONS

I.

Shon title.
I'AI(T r.PI'dlmlllnl')'•

Objects.

1.

NOfl-applieab\lily.

••

Inlaprdatioll.

s.

Variatlotl b)o agreement.

6.

Agr«mtnl required .

PA RT 11- ugltl 1/.t'IJI'II1'JIU'IIIIt Rtsp«l/l1j( EltClrtm;C 'TImuocliont
1.

ValidiTY ofeleclrOnic <k;x:umcllIs..

II.

I(cqul~ment lOr ....nUen ill fOfmalion.

9.

Ele<:tronic signature.

10.

Requlremem rorsign3w~.

\ I.

Requirement f(ll' sign~lure or seal to t,c, "' illlesscd.

12.

Presumption reclcctronic sign.:lwre.

13.

RequIrement.! for aIlC$Ull.iOll. Cle. 0( doeummlS.

14.

OrigirIBl form ofdoc:u=u.

15.

Rtqu ircments fOt keeping informUl\On.

16.

Admissibility and e~idenlial welshl orinronn~li!ln in ekctrooic form

17.

In fbnn~tion required to be Krved or !klh'crtd.

18.

IIrt-.scribed fOl1IU.

19.

Electronic Plymcnt.

20.

FOl'maliOl1loo va lld'l) of CQnuact$.

,21.

Attributioo of dcc1I'Onk documents.

23.

Aeknowledgcmerd I)f~jpt ofe~tronic document.

24.

Appl ica tion I)f sections 25·27.

2S.

T ime ofdisp3ICh.

26.

I'lxe' of dl~lclJ.

27.

nmeofm:eipt.

28.

I'laccofre«lpt.
C/HIdU(;/ ojpat1w.s /n ~I(lliu" fIJ .. ktlmnic
rommUJIicoliOIll alld slgnntllru
PART 11 1-

29,

COnduct ofrel)'inii party.

)0,

Conduct ofs ignBIOf)'.

) I,

Cooduct of ,crli(IC.hon stn'ice provider.

n.

Use and disclosure ofpsclldOllym.

n.

Recojp1ilioo offoreign electronic documents III1d $i ifl3tures.

34.

!.lAbility of intcrmt<J iaries

PA RT IV. Ohf/gOl/Qtl.. in ,.;did,,", l() tkcrrllllic tI'fIIlWCIIQI&.tfor/Iw
nlpply 0/t;fAAb QJ1l/ s<!f"icun.

Intc1'pTelation and application of l'art IV

J6,

OtJljplion~ of ~ppller in th~ conduct of ch:clroni<: \!1lIISI(;lionl.

37,

Cooling otT period.

38.

Unsolicited oommcr.:ialoommlmlClltions

39.

Supply of good:$. :;er.lces ()l faciliues pul"SlIMnt IQ trIInSlltljons
conducted elecln)nicaHy.

40.

Provisions ofmls Pan not uclwkd byagm:mcnl.

41.

Complainu.

1PART V -"", CmltY"., d l'llront)'".

Ceniryinll AuUIorif)

P....RT VI · CX~f'CJ1

OJ.

M ~ofcomPUlc,.

".

Restriction s QI\ Q'stlOfure of information.

"...
.,

Pmaltlcl.

.

49.

Oni:DCe$ by bIldies~ .
Act bind!. Crown•

RCK\lbuons.
Mini~er rna)' amend ScMduleJ

SCHEDULES1A BILLENTITLED
AN ACT To Facilitate electronic transactions and for connected matters

ENACTING CLAUSEPART 1‐ Preliminary
Short title

1.

This Act may be cited as the Electronic Transactions Act, 2008.

[Objects.

2.

(1)‐The objects of this Act are to provide a regulatory framework that‐(a)recognizes the importance of the information economy to the
future economic and social prosperity of Grenada;(b)facilitates the use of electronic transactions by means ofreliable electronic documents ;©promotes the development of the legal and business
infrastructure necessary to implement secure electroniccommerce;(d)promotes business and community confidence in the use ofelectronic transactions;(e)promotes public confidence in the integrity and reliability ofelectronic documents and transactions in particular through theuse of encrypted signatures to ensure the authenticity andintegrity of electronic documents;(f)establishes uniformity of legal rules and standards regarding
the authentication and integrity of electronic documents;(g)facilitates electronic filing of information with Government
agencies and statutory bodies and promotes efficient delivery ofGovernment services by means of reliable electronic documents(h)enables business and the community to use electronic
communication in their dealings with Government.

2
[(2)‐
This Act shall be construed in accordance with the objects set out
in subsection (1), taking into account what is commercially reasonable ineach case.]Non‐applicability

3.
This Act does not apply to the transactions specified in the First
Schedule to the extent specified in that Schedule.

Interpreta‐

4..

tion.

In this Act‐“accredited certificate” means an electronic record that‐(a) associates a signature verification device to a person;(b) confirms the identity of that person;(c) is issued by an authorized certification service provider; and(d) meets the relevant criteria;“addressee” means a person who the originator of an electronic
document intends to receive the document, but does not include a
person acting as an intermediary with respect to that document;“authorized certification provider” means a certification service provider
authorized under section [18(2)] to provide accredited
certificates;“automated communications device” means a computer program or anelectronic or other automated device used to initiate or respondto electronic communications in whole or in part, without review
or action by a n individual;“certificate” means any record that‐(a) identifies the entity that issues it;(b) names or otherwise identifies the signatory or a device(including an automated communications device) under thecontrol of the signatory;(c) specifies its operational period;(d) is digitally signed by the entity that issues it;3(e) contains a public key that corresponds to a private key under
the control of the originator of the electronic document towhich the certificate relates; and(f) specifies any other matter required to be specified byregulations made pursuant to section 47;“certification service provider” means a person who issues certificates
for the purposes of electronic signatures or provides to the
public other services related to electronic signatures;“Certifying Authority” means the Certifying Authority established under
section 42;“data” includes‐(a) material in whatever form stored in an electronic
communications system;(b) the whole or part of a computer program; and(c) a representation of information or concepts preparedin a form suitable for processing in an electronic communications
system;]“data controller” means a person who, either alone, jointly or incommon with other persons, determines the purposes for which
and the manner in which any personal electronic signatureservice is, or is to be, processed;“electronic” means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic or similar capabilities
and references to carrying out any act “electronically” shall besimilarly construed;“electronic communication” means information generated,
communicated, recorded, stored or displayed byelectronic means;“electronic communications system” means a system for creating,4
generating, sending, receiving, storing, displaying or otherwise
processing electronic documents or data;“electronic document” means information created, , generated,
communicated, stored, displayed or processed by electronicmeans[ but not limited to electronic data interchange, electronic
mail, telegram, telex or telecopy;“electronic signature” means information that‐(a) is contained in, attached to or logically associated with, anelectronic document; and(b) is used by a signatory to indicate his adoption of the content
of that document,
but does not include any signature produced by a facsimile machine or anelectronic scanning device;“encrypted signature” means an electronic signature that is encrypted bymeans of a private key or other encrypted signature creation
device;“encrypted signature creation device” means‐(a) unique data, including codes or private cryptographic keys; or(b) a uniquely configured physical device,used by a signatory in creating an encrypted signature;“information” includes data, text, images, sounds, codes, computer
programs, software and databases;“information processing system” means an electronic system forcreating, generating,[producing], sending, receiving, recording,storing, displaying or otherwise processing information;“information technology requirements” includes software requirements;“intermediary”, with respect to an electronic record, means a person

5who, on behalf of another person, sends, receives or stores thatelectronic document or provides other services with respect tothat document;“originator”, in relation to an electronic document, means a person bywhom, or on whose behalf, the document purports to have been
sent or generated prior to storage, if any, but does not include a
person acting as an intermediary with respect to that document“person” means‐(a) an individual who can be identified, directly or indirectly, inparticular by reference to an identification number or to one
or more factors specific to his physiological, mental,
economic, cultural or social identity ; and(b) In relation to an artificial person or corporate entity, means
the individual or individuals designated to act on behalf ofthat entity;“personal data” means any information relating to an identified or
identifiable natural person;“security procedure” means a procedure established by law or
agreement or knowingly adopted by each party that is employed
for the purpose of –(a) verifying that an electronic signature, record or performanceis that of a particular person; or(b) detecting changes or errors in the content of an electronic
record;“signature” includes –(a) any symbol executed or adopted; or(b) any methodology or procedure employed or adopted,
by a person with the intention of authenticating a record, including
electronic or digital methods;“signature creation device” means unique data, including codes or private
cryptographic keys , or a uniquely configured physical device
which is used in verifying an electronic signature;6“signature verification device” means‐(a) unique data, including codes or public cryptographic keys;; or(b) a uniquely configured physical device,
which is used in verifying an electronic signature;“signatory” means a person who by means of an encrypted signature
creation device has (whether acting himself or through anotherperson, or an automated communications device, acting on hisbehalf) affixed his encrypted signature to an electronic
document;“traffic data” means information about the communication of data using
an electronic communications system, including the‐(a) number and kind of communications;(b) origin of the communication;(c) destination of the communication;(d) time when the communication was sent and the time when
it was received.
“transaction” includes –(a) any transaction in the nature of a contract, agreement orother arrangement; and(b) a transaction of a non‐commercial nature.
Variation by

5.

agreement.

storing or otherwise processing records, any provision of Part 11 or Part 111 may
be varied by agreement of the parties.

Agreement

6.

required.

As between parties involved in generating, sending, receiving,(1)

Except as provided in Part IV nothing inthis Act shall be construed as imposing an obligation on any
person to create, give, store or receive any informationelectronically.

7(2)This Act applies to any transaction between parties each of whom
has agreed to conduct the transaction electronically.
(3)
The fact as to whether or not a party has agreed to conduct atransaction electronically shall be determined‐(a)if the party is the Government, by express stipulation by
the Government;(b)in the case of any other party, by the context andsurrounding circumstances , including the party’s conduct.
(4)
A party that agrees to conduct a particular transaction
electronically may refuse to conduct other transactions electronically.
(5)
Except as otherwise provided in this Act, any provision of Part II
or Part III may be varied by agreement between the parties to atransaction conducted electronically.
PART 11
Legal Requirements Respecting Electronic Transactions
Validity of7.

For the purposes of any law [in force in Grenada] informationelectronic

shall not be denied legal effect, validity or admissibility solely on the

documents.

ground that it is –(a)in the form of an electronic document;(b)communicated by electronic means; or(c) referred to but not contained in the electronic document purportingto give rise to that legal effect, if the information referred to is known toand accepted by the party against whom it is relied upon.
Require‐8.

(1)

Where any law requires information to be in writing, or refers

ment forelectronicallyto written information, any such information that is given

writtenshall be taken to be given in writing if‐

information.

(a) when the information was given, it was reasonable to expectthat the information would be readily accessible so as to beuseable for subsequent reference; and[(bwhere the information is to be given to the Government
and the Government requires that ‐8(i) the information be given in a particular way inaccordance with particular technology requirements; or(ii) particular action be taken to verify the receipt of theinformation,
the Government’s requirement has been met; and(c) where the information is to be given to a person other thanthe Government, that person consents to the information
being given by means of an electronic communication.
(2)
This section applies to a requirement or permission to giveinformation, whether or not any of the words “give”, “send”, “serve” or
any other word is used to designate the requirement or permission.
This section does not affect the operation of any other law that(3)
makes provision for or in relation to requiring or permitting information
to be given, in accordance with particular information technology
requirements‐(a) on a particular kind of data storage device; or(b)by means of a particular kind of electronic communication.
(4)
For the purposes of this section ”giving information” includes thefollowing‐(a)making an application;(b)making or lodging a claim;(c)giving, sending or serving a notice;(d)lodging a return;(e)making a request;(f)making a declaration;(g)lodging or issuing a certificate;(h)making, varying or cancelling an election;(i)

lodging an objection;(j)giving a statement of reasons.

(5)
Where any law referred to in subsection (1) requires more than
one copy of the information to be submitted to a person, that

9requirement is satisfied by giving the information to the person
electronically in accordance with the provisions of this section.
Electronic
9.
Unless otherwise provided by law, parties to a transaction may agree tothe signature. use of a particular method or form of electronic signature.
Requirement
for signature.

10.

(1)

Where a law requires a person’s signature other than a signatureof a witness, that requirement is met by means of an electronic signature
if the information is given electronically and –(a)the electronic signature‐(i)adequately identifies the signatory andadequately indicates the signatory’s approval of theinformation to which the signature relates;(ii)
is as reliable as is appropriate having regard to
the purpose for which and the circumstances in which,the signature is required, including any relevant
agreement;(b )in the case of a signature on information to be given to aperson, that person consents to receiving the electronic
signature.
(2)

Subject to subsection (3), an encrypted signature shall be
presumed to have satisfied the requirements of subsection (1)(a)and (b) if that signature is‐(a)uniquely linked to the person whose signature isrequired;(b)capable of identifying that person;(c)created by using means that the person can maintainunder his sole control;(d)linked to the information to which it relates in such amanner that any subsequent alteration of theinformation or the signature is detectable.

(3)
Subsection (2) shall not be construed as limiting in any way theability of any person to‐(a)establish in any other manner, for the purpose ofsatisfying the requirement referred to in subsection (1), thereliability of an encrypted signature or other method of indicating
identity and approval;

10(b)
adduce evidence of the unreliability of an encryptedsignature.
(4)
Subsection (1) applies whether the requirement for signature isin the form of an obligation or the law merely provides consequences forthe absence of a signature.
(5)
In determining whether or to what extent, a certificate or an
encrypted signature is legally effective, no regard shall be had to thegeographic location‐(a)where the certificate is issued or the encrypted signatureis created or used; or(b)of the place of business of the certification service
provider or signatory.
This section shall not affect the operation of any other law that(6)requires‐(a) information that is given electronically to contain‐(i) an encrypted signature(however described);(ii) a unique identification in an electronic form; or(b)a particular method to be used for information that is given
electronically to identify the originator and to show that theoriginator approved the information given.
Requirement
that
signature or

11.

(1)
Subject to subsection (2), a legal requirement for a signature orseal be witnessed is met by means of an electronic signature of awitness if in the case of ‐seal to bewitnessed.

(a)a signature to be witnessed, the signature is an electronic
signature that complies with section 8; and(b)a signature or seal to be witnessed, the electronic signature of
the witness adequately ‐(i)identifies the witness; and(ii)

indicates that the signature or seal has been
witnessed.

11
(c )
is as reliable as is appropriate given the purpose forwhich and the circumstances in which, the signature of thewitness is required.
(2)
A legal requirement for a signature or seal to be witnessed is not
met by means of an electronic signature of the witness unless , in thecase of such a signature on information that is required to be given to aperson, that person consents to receiving the electronic signature of thewitness.
Presumption 12.
re reliability of(1)
For the purposes of sections 9 and 10, an electronic signature isis presumed to be as reliable as is appropriate if‐

electronic(a)signature.

the means of creating the signature –(i)is uniquely linked to the signatory ; and(ii)

was under the sole control of the signatory;(b)any alteration to the electronic signature made after the timeof signing is detectable; and(c) in any case where the purpose of the legal requirement for a
signature is to provide assurance as to the integrity of theinformation to which it relates, any alteration made to that
information after the time of signing is detectable.
(2)

Subsection (1) does not prevent any person from proving onother grounds or by other means that an electronic signature is,
or is not, as the case may require, not as reliable as appropriate.

[(7)
An electronic communication that meets the requirements ofsubsection (1)(a) and (b) shall not be denied legal effect solely on the
ground that it is an electronic signature.]Requirements

13.
Where any law requires a document or signature to be made,attested,foracknowledged, authenticated, notarized or verified, or to
be made under oath attestation,
oath by any person, that
requirement is met if the following are attached to or

etc. oflogically associated with the document‐

documents.

(a)the person’s encrypted signature ;( b)in the case of a signature or a document requiring asignature, a statement by the person attesting to his
identity;

12

Original formof documents.

(c )a statement by the person certifying the performance of
all obligations imposed by any other law governing thelegal validity of the document; and(d )all other information required to be included under any
other law.

14.
(1)
presented

Where any law requires or permits information to bein its original form or to be made available for inspection , that
requirement is met where the information is produced electronically if‐(a) having regard to all the relevant circumstances at the time,the method of generating the information electronicallyprovided a reliable means of assuring that the integrity of theinformation is maintained;(b) when the information was sent, it was reasonable to expectthat it would be readily accessible so as to be useable forsubsequent reference;(c) where the information is to be produced to‐(i) the Government and the Government requires that anelectronic form of the document be produced in aparticular way, in accordance with particular information
technology requirements or that particular action betaken to verify receipt of the document, theGovernment’s requirement is met; or(ii) any other person, that person consents to the
document being produced electronically.
(2)
Where a law requires comparison of a document with an original
document, that requirement is met by comparing the document with anelectronic form of the original document if the electronic form reliably
assures the maintenance of the integrity of the document.
(3)
For the purposes of subsection (1) (a) and (2), the criteria forassessing integrity are –(a)that the information has remained complete andunaltered, apart from the addition of any endorsement
and any change which arises in the normal course ofcommunication, storage and display;(b)

the purpose for which the information is produced; and

13
(c)

any other relevant factor.

Requirements 15.

(1)

Where any law requires a person to retain information

for keeping(whether or not in its original form, in writing or in electronic form) for

information.

a specified period, that requirement is satisfied by keeping theinformation in electronic form if the following conditions are satisfied‐(a)when the information was first generated in electronic
form, it was reasonable to expect that the information
would be readily accessible so as to be useable forsubsequent reference;(b)having regard to all the relevant circumstances when theinformation was first generated in electronic form, themethod of retaining the information in that form
provided a reliable means of assuring the maintenance of
the integrity of the information so generated;(c)the traffic data relating to the information is also kept inelectronic form during the specific period;(d)when the traffic data was first generated in electronic
form, it was reasonable to expect that it would be readily
accessible to be useable for subsequent reference; and(e)

if the law requires the information to be kept inelectronic form on a particular form of data storage
medium, that requirement is satisfied throughout the
specified period.

(2)
A person may satisfy the requirement referred to in subsection(1) by using the services of any other person, if the conditions specified
that subsection are satisfied.
Admissibility 16.
and evidential(1)
In any legal proceedings, nothing in the rules of evidence shallapply so as to deny the admissibility in evidence of any information given

weightelectronically‐of information(a)solely on the ground that the information is given

electronically; or(b) if the information is the best evidence that the person
adducing it could reasonably be expected to obtain, on the
ground that the information is not in its original form.

14(2)
Information in the form of an electronic record shall be given due
evidential weight and In assessing the evidential weight of an electronic
record, regard shall be had to‐(a)the reliability of the manner in which‐(i)the electronic record was generated, stored orcommunicated;(ii)

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 the relevant
provisions of the [Evidence Act] relating to the admissibility of computer
generated evidence.]
Information

17.

(1)

Where any law requires or refers to serving or delivering

required to

information, that information shall be taken to have been served or

be served ordelivered, as the case may be, if‐delivered.

(a)the information is contained in an electronic document
sent to the person upon whom such service or delivery is
required to be effected; and(b)that person acknowledges the receipt of the information.
(2)
Nothing in this section affects any rule relating to the time forservice or delivery of information.

Prescribed

18.

Where any law requires a person to provide information in a p8escribed

Forms.

non‐ electronic form, the Minister responsible may make regulations providing
for an electronic form that is –(a) organized in the same or substantially the same way as theprescribed non‐electronic form ;(b) accessible to the other person so as to be useable for subsequent
reference; and(c) capable of being retained by the other person.

15Electronic
payment.

19.
Where any law requires that a payment be made to the Government, theMinister responsible may make regulations‐(a)for the purpose of authorizing or facilitating the making of thepayment by electronic means;(b)specifying the manner in which the payment may be made;©for the purpose of securing the integrity, security and confidentiality ofthe payment by electronic means.

Formation

20.

(1)

In relation to the formation of contracts, an offer and theand validity

acceptance of an offer may be expressed electronically, unless theof contracts.

parties agree otherwise.
(2)
As between the originator and the addressee of an electronic
document, a declaration of intention or other statement or delivery of adeed shall not be denied legal validity or be unenforceable solely on the
ground that it is in an electronic document.
(3)
A contract may be formed by the interaction of the automatedcommunications device of each party, even if no individual was aware ofor reviewed the actions of the device or the resulting terms andagreements.
(4)
Subsection to subsection (5), a contract may be formed by theinteraction of an automated communications device and an individual
acting on his own behalf or for another person, including an interactionreferred to in subsection (5).
(5)
The interaction mentioned in subsection (4) is one in which theindividual performs actions that the individual‐(a)is free to refuse to perform; and(b)knows or has reason to know will cause the device tocomplete the transaction.

(6)
In the circumstances referred to in subsections (4) and (5), theindividual or the person on whose behalf the individual is acting, as thecase may be, shall not be bound by the terms of the contract unless, prior
to the formation of the contract, those terms were capable of being
reviewed by the individual.
General provisions relating to electronic transactions
Attribution

21.

(1)

Unless otherwise agreed between the originator and the16ofaddressee of an electronic document, the originator is bound by thatelectronic

document only if the document was sent by him or under his authority.

documents.

(2)
Subsection (1) shall not affect the operation of a law that makes
provision for‐

(3)

(a)

conduct engaged in by a person within the scope of theperson’s actual or apparent authority to be attributed
to another person; or(b)a person to be bound by conduct engaged in byanother person within the scope of the other person’s
actual or apparent authority.

An electronic document between an originator and an addressee

shall be deemed to be that of the originator if it was sent by an
information system programmed to operate automatically by or on
behalf of the originator.
(4)

(5)

As between the originator and the addressee, the addressee shallhave the right to assume that an electronic document is being
sent by the originator and to act on that assumption if‐(a)in order to ascertain whether the document is that of theoriginator, the addressee properly applied a procedurepreviously agreed to by the originator for that purpose;or(b)

the document as received by the addressee resulted fromthe actions of a person whose relationship with theoriginator enabled that person to gain access to a method
used by the originator to identify electronic documents as
his own

Subsection (4) does not apply‐(a)as of the time when the addressee has received noticefrom the originator that the electronic document was notsent by the originator andhad reasonable time toact accordingly; or(b)in any case falling within subsection (4)(b), at any time
when the addressee knew, or ought to have known had
he exercised reasonable care or used any agreed
procedure, that the electronic document was not sent by
the originator.

17
(6)

Effect of22.

An addressee is not entitled to regard an electronic document as
being what the originator intended to send if the addressee
knew, or ought reasonably to have known had he exercised
reasonable care or used an agreed procedure, that‐(a)the document was sent in error; or(b)the transmission of the document resulted in an error in
the document as received by the addressee.

(7)

The addressee is entitled to regard each electronic document
received as a separate document and to act on that assumption,
except to the extent that it duplicates another electronic
document and the addressee knew or ought reasonably to have
known, had he exercised reasonable care or used any agreed
procedure, that the electronic document was a duplicate.

(1)This section applies where a change or error occurs in thechange ortransmission of an electronic document between parties.

error.

(2)
Where there is an agreement between the parties to use asecurity procedure to detect changes or errors in the electronic
document and‐(a)andonly one of the parties has conformed to the procedure;(b)the non‐conforming party would have detected the change orerror had that party also conformed,
the conforming party may avoid the effect of the changed or erroneouselectronic document.
(3)

(4)

A party may avoid the effect of an electronic document that
results from an error made by the party in dealing with anotherperson’s automated communications device if –(a)the device did not provide an opportunity for theprevention or correction of the error; and(b)the conditions specified in subsection (4) areapplicable.

The conditions mentioned in subsection(3) are that, at the time
the party learns of the error, that party‐

18
(a)

promptly notifies the person of the error and that the
party did not intend to be bound by the erroneous
document;(b)takes steps that conform to the person’s reasonable
instructions for the return or disposal of theconsideration (if any) received by the party as a resultof the erroneous document;(c)

if no reasonable instructions are given underparagraph (b), takes reasonable steps for the return
or disposal of such consideration; and(d)has not received any benefit or value form suchconsideration.

(5)

Where neither subsection (2),(3) nor (4) applies, the change orerror shall have the effect provided for by a contract between
the parties or by law, in the absence of such contract.

(6)

The provisions of subsections (2), (3) and (4) may not be varied byagreement.

Acknowledge‐23.

(1)

The provisions of this section apply where, on or before

ment ofsending an electronic document, or by means of that document, thereceipt

originator requests or agrees with the addressee that receipt of the
document is to be acknowledged.

of electronic
document.
(2)(3)

Where the originator has not agreed with the addressee that theacknowledgement be given in a particular form or by a particularmethod, an acknowledgement may be given by‐(a)any communication by the addressee, automated orotherwise; or(b)

any conduct of the addressee that is reasonably sufficient
to indicate to the originator that the electronic document
has been received.

Where the originator has stated that the electronic document isconditional on receipt of the acknowledgement, the document is
to be treated as though it had never been sent until theacknowledgment is received.

19
(4)

(5)

Subsection (5) applies in cases where –(a)the originator has not stated that the electronic
document is conditional on receipt of theacknowledgement; and(b)the acknowledgement is not received by the originatorwithin the time specified or agreed, or, where no time isspecified or agreed, within a reasonable time.

The originator‐(a)

may give notice to the addressee stating that no
acknowledgement has been received and specifying areasonable time by which the acknowledgement must be
received; and(b)

if the acknowledgement is not received within the time
specified in paragraph (a), may , upon notice to theaddressee, treat the electronic document as though it
had never been sent or exercise any other rights that theoriginator may have.

(6)

An acknowledgement of the receipt given by the addressee to theoriginator shall be taken as prima facie proof that an electronic
document was received by the addressee, but nothing in thissubsection shall be construed as implying that the electronic
document sent corresponds to the electronic document received.

(7)

A statement in an acknowledgement of receipt given by theaddressee that the related electronic document meets technicalrequirements, either agreed upon between originator andaddressee or set out in applicable standards, shall be taken as
prima facie proof that those requirements have been met.

(8)

Except in so far as it relates to the sending or receipt of theelectronic document, this section shall not affect the legal
consequences that may flow either from the electronic document
or from the acknowledgement of its receipt.

Application of 24.

Sections 25 to 27 apply to an electronic communication except to theSections 25‐27

extent that the parties to the electronic communication otherwise agree.

Time

25.

(1)

The dispatch of an electronic communication occurs when it

20of dispatch.

enters an electronic communications system outside the controlof the originator or his agent.
(2)
Where an electronic communication enters two or more
electronic communications systems outside the control of the originator,
the electronic communication is taken to be dispatched at the time itenters the first of those systems.

Place of26.

An electronic communication is taken to be dispatched from‐dispatch.

(a)the originator’s place of business; or(b)

if the originator has more than one place of business‐(i)
the place of business that has the closest
relationship with the underlying transaction; or(ii)
if there is no place of business to which sub‐paragraph (i) applies, the originator’s principal place ofbusiness; or(c)if the originator has no place of business, theoriginator’s ordinary place of residence.

Time ofreceipt.

27.

(1)

An electronic communication is taken to be received‐(a)
if an addressee has designated an electronic
communications system for the purpose of receiving electronic
communications‐(i)at the time the electronic communication entersthat system; or(ii)

if the electronic communication is sent on anelectronic communications system other than thesystem designated by the addressee, at the time
when the electronic communication is retrievedby or comes to the attention of the addressee;(b)
if the addressee has not designated an electronic
communications system, at the time when the electronic
communication enters an electronic communications system of
the addressee or otherwise is retrieved by or comes to theattention of the addressee;(2)
Subsection (1) applies notwithstanding that the place where theelectronic communications system is located may be different from the21place where the electronic communication is taken to be received undersubsection (3).
Place of28.

(1)

receipt.

An electronic communication is taken to be received at‐(a)(b)

the addressee’s place of business; orIf the addressee has more than one place of business‐(i)
the place of business that has the closest
relationship with the underlying transaction; or(ii)
if there is no place of business to which
subparagraph (i) applies, the addressee’s principal placeof business; or(c)
If the addressee has no place of business, the addressee’s
ordinary place of residence.
PART 111. Conduct of parties in relation to electronic communications andsignatures
Conduct

29.

(1)

In this Part, “relying party” means a person who may actof relying

on the basis of a certificate or encrypted signature.

party.

(2)
A relying party shall bear the legal consequences of that 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 the validity andcurrency of the certificate and to observe any limitation withrespect to the certificate.

Conduct of30.

signatory.

shall‐

A signatory who has an encrypted signature creation device(a)exercise reasonable care to avoid unauthorised use ofthat device;(b)

forthwith notify any person that may reasonably be
expected by the signatory to rely on or to provide
services in support of, the signature, if the signatory
knows‐(i)that the device has been compromised; or

22
(ii)
of circumstances which give rise to a
substantial risk that the device may have been
compromised;

Conduct of

31.

Certification
service provider.

(1)

(c )

where a certificate is used to support an encryptedsignature, exercise reasonable care to ensure, throughout
the life cycle of the certificate, the accuracy andcompleteness of all material representations made by thesignatory in or in relation to the certificate;(d)indicate, in any document to which he affixes his
encrypted signature, whether he does so in a personal
capacity or an official capacity.

A certification service provider who issues a certificate shall‐
(a)

(b )

(c )

act in accordance with the representations made by itwith respect to its policies and practices;
exercise reasonable care to ensure, throughout the life
cycle of the certificate, the accuracy and completeness of
all material representations made by it in relation to thecertificate;provide reasonably accessible means for enabling arelying party to ascertain from the certificate‐(i)

the identity of the certification service provider;(ii)
that the signatory identified in the certificate hadcontrol of the encrypted signature creation device at thetime when the certificate was issued; and(iii)
that the encrypted signature creation device wasvalid at the time when the certificate was issued;(d) provide reasonably accessible means for enabling a relying
party to ascertain from the certificate or otherwise‐(i)the method used to identity the signatory;(ii)
every limitation on the purpose or value forwhich the encrypted signature creation device or thecertificate may be used;(iii)
whether the encrypted signature creation device
is valid and has not been comprised;

23
(iv)

every limitation on the scope or extent of liability
stipulated by the certification service 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 tosection 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 utilized by a certification service provider are
trustworthy, regard may be had to‐

(1)

(a)

the provider’s financial and human resources, including
the existence of assets and the quality of his hardware
and software systems;(b)

the provider’s procedures for processing certificates andapplications for certificates;(c )the provider’s retention of records and the availability of
information to relying parties andto signatories
identified in certificates;(d)the regularity and extent of audits
operations by an independent body;(e)

any other relevant factor.

of the provider’s

Use and32.

A certification service provider may, at the request of a signatory,

disclosure

indicate in the relevant certificate, a pseudonym instead of the signatory’s name.
(2)Where a pseudonym is indicated pursuant to subsection (1), thecertification service provider shall disclose the signatory’s name if‐(a)requested to do so by a Constable pursuant to a warrant
issued by a Justice of the Peace or a court; or(b)otherwise required to do so by law.

24

Recognition

33.

(1)

In determining whether or to what extent an electronicof foreign

document is legally effective, no regard shall be had to the location where

el3ctronic

the information was created or used, or the originator’s place of

documents andbusiness.

signatures.

(2
An electronic signature created or used outside Grenada shallhave the same legal effect in Grenada as an electronic signature createdor used in Grenada if it offers a substantially equivalent level of reliability.
(3)
In determining whether a certificate or an electronic signatureoffers a substantially equivalent level of reliability for the purposes ofsubsection (2), regard shall be had to recognized international standards
and to any other relevant factors.

Liability ofinterme‐diaries.

34.
(1)
In this section, “intermediary” means a person who sends,
receives or stores an electronic document, or provides other services in relation
to that document on behalf of another person.
(2)An intermediary shall not be held liable in any civil or criminal
proceedings for any information contained in an electronic document in respectof which the intermediary provides services, if the intermediary‐(a)is not the originator of the document;(b)
has no actual knowledge of the act or omission that gives
rise to the civil or criminal liability, as the case may be, in relation
to the document; and(c )has no knowledge of any facts or circumstances fromwhich the likelihood of such civil or criminal liability oughtreasonably to have been known.
(3)

Nothing in this section shall be construed as‐(a)requiring an intermediary to monitor any information
contained in an electronic document in order to establish
knowledge of any act, omission, fact, or circumstances
giving rise to civil or criminal liability or imputing
knowledge of such liability; or(b)relieving an intermediary from complying with any law,
court order, ministerial direction or contractual obligationin respect of an electronic document.

25
(4)

Subsection (5) shall apply in any case where, in relation to
information contained in an electronic document in respect ofwhich the intermediary provides services, the intermediary has‐(a)actual knowledge of the act or omission that gives rise to
the civil or criminal liability, as the case may be, in respectof the document; or(b)knowledge of an facts or circumstances from which thelikelihood of such civil or criminal liability ought to havebeen known.

(5)

The intermediary shall forthwith remove the document from any
electronic communications system with the intermediary’s
control and shall cease to provide services in relation to that
document.

(6)

An intermediary shall not be liable for any act done in good faithpursuant to the provisions of this section.

Part IV. Obligations in relation to electronic transactions for the supply of
goods, services or facilities
Interpre‐tation andapplication

35.
(1)This Part applies only to the formation, by means of electronictransactions, of agreements for the supply of goods, services or facilities, for thesale, hire or exchange, and to the performance of such agreements.

of Part IV.

(2)

This Part applies to any supplier who‐(a) in Grenada, offers goods, services or facilities for sale, hire or
exchange, to any person in Grenada; or(b) whether in or outside of Grenada, offers goods, services or facilities,
for sale, hire or exchange, to any person in Grenada.

(3)

In this Part‐“commercial communication” means any electronic communication whichconstitutes an offer, for sale, hire or exchange, of goods, services or
facilities;“consumer” in relation to‐(a)any goods means‐(i)any person who acquires or wishes to acquire goods forhis private use or consumption; and

26
(ii)

a commercial undertaking that purchases consumer
goods;(b)

any services or facilities, means any person who employs or
wishes to be provided with the services or facilities; and(c)any accommodation, means any person who wishes to coccupythat accommodation;“goods” includes all kinds of property other than real property, securities, moneyor choses in action;“personal information” means information about an identifiable individual,
Including‐(a)information relating to the individual’s race, gender, marital
status, nationality or ethnicity, colour, sexual orientation, age,physical or mental health, disability, religion, social or politicalviews, language or birth;(b)information relating to the individual’s education of theindividual’s medical, criminal, credit or employment history;(c)information about financial transactions in which the individual isor has been involved;(d)the individual’s address, fingerprints or blood type;(e)

the individual’s name where it appears with other personal
information relating to the individual or where the disclosure of
the name itself would reveal personal information about theindividual;(f)correspondence sent by the individual that is implicitly or
explicitly of a private or confidential nature, or further
correspondence that would reveal the contents of the originalcorrespondence;(g)

the views or opinions of any person about the individual;“supplier” means a person who offers by means of electronic transactions any
goods, services or facilities for sale, hire or exchange.

Obligations

36.

(1)

A supplier shall, on the website where goods, services or facilities

27
of supplierin conduct ofare offered for sale, hire or exchange by the supplier, make available tothe consumer, the information set out in the Second Schedule.

electronic(2)
The supplier shall provide the consumer with an opportunity to
do the following , in the following order of sequence‐transactions.

Cooling
off period(a)review the entire electronic transaction;(b)correct any errors;(c)withdraw from the transaction before finally placing an order;
and

(d)

access electronically and reproduce an accurate summary of theorder and the terms, including the total cost relating thereto.

(3)

Where a supplier fails to comply with subsection (1) or (2), the consumer
is entitled to cancel the transaction within fourteen days after receiving
the goods, services or facilities to which the transaction applies.

(4)

Where a transaction is cancelled under subsection (3)‐(a)

the consumer shall return the goods and cease using the services
or facilities supplied pursuant to the transaction, as the case may
require;(b)

the supplier shall refund all payments made by the consumer inrespect of the transaction.

(5)

The supplier shall utilize a payment system that is sufficiently secure withreference to accepted technological standards at the time of thetransaction and the type of 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).

37. (1)

Subject to subsections (2) and (4), a consumer is entitled to cancel,

without giving any reason and without incurring any charge or penalty, anytransaction or credit agreement for the supply of‐(a)goods, within seven days after the receipt of the goods; or(b)services or facilities, within seven days after the date on which
the agreement is made.

(2)This section does not apply to any transaction‐

28
(a)

for financial services, including investment services, insurance
and reinsurance operations and banking services;(b)

conducted at an auction;(c )for services which began, with the consumer’s consent, before
the applicable cooling off period specified in subsection (1);(d)

where the price for the supply of the goods, services or facilities
in question is dependent on fluctuations in the financial markets
and cannot be controlled by the supplier;(e)where the goods in question‐(i)

are made to the consumer’s specifications;(ii)

are clearly personalized;(iii)

are of such a nature that they cannot be returned;(iv)

are likely to deteriorate or expire rapidly;(f)where audio or video recordings or consumer software areunsealed by the consumer;(g)

for the sale of newspapers, periodicals, magazines or books;(h)for the provision of gaming or lottery services; or(i)for the provision of accommodation, transport, catering or leisureservices or facilities, which the supplier undertakes to provide(when the transaction is concluded)on a specific date or within a
specific period.

(3)
Subject to subsection (4), if payment for the goods, services or facilities,
as the case may be, is made prior to a cancellation under subsection (1), theconsumer is entitled to a full refund of the payment, and the supplier shall makethe refund with thirty days after the date of cancellation.
(4)
The only charge that may be levied on a consumer who acts undersubsection (1) is the direct cost to the supplier of returning the goods.
(5)
Nothing in this section shall be construed to prejudice any other rightsthat the consumer may have under any other law.
(1)

A person who sends unsolicited commercial communications

Unsolicited38.

commercial

communications to consumers shall give to a consumer to whom any such

communi‐communication is sent‐

29
cations.

(a)the opportunity to decline to receive any further such
communications from that person; and(c)upon request by the consumer, the identifying particulars of thesource from which that person obtained the consumer’s contact
information or other personal information.

(2)A person who fails to comply with subsection (1) commits an offence.
(3)
No agreement is concluded where a consumer fails to respond toan unsolicited commercial communication.
(4)
A person commits an offence if that person sends an unsolicitedcommercial communication to a consumer who has communicated tothat person that the consumer does not wish to receive any such
communication.
(1)

Where an agreement is made for the supply of goods, services or

Supply of39.

goods,
services or
facilities

facilities, the supplier shall supply the goods, services or facilities, as the case may
require, within the time specified in the agreement or, if no time is specified,
within thirty days after the date on which the agreement is made.

pursuant to(2)
If the supplier fails to supply the goods , services or facilities, astransactions
the case may require, within the time required under subsection (1), theconducted
consumer may cancel the agreement seven days after giving notice to theelectronically. supplier of that intention .
(3)Where the supplier is unable to carry out the agreement because thegoods, services or facilities are unavailable, the supplier shall‐(a)forthwith notify the consumer of the inability; and(b)within thirty days after becoming aware of the inability,
refund any payment made by, or on behalf of, the consumer inrespect of the goods, services or facilities.
Provisions40.

No provision in any agreement shall be construed as excluding any rightsof this Partor obligations provided for in this Part.

not excluded
by agreement.
[Complaints

41.
A consumer who alleges that a supplier has failed to comply with any ofthe provisions of this Part, may make a complaint to the [ body charged with

30
responsibility for Consumer Affairs ] [in accordance with the [Consumer
Protection Act].
PART V‐The Certifying Authority
Certifying

42.
(1)
For the purposes of this Act there shall be a Certifying Authority,
which shall have the functions specified in subsection (2).

Authority.

(2)`
The Certifying authority shall be the [Trade Board] or such otherperson as the Minister may designate by notice published in the Gazette.
(3)

The functions of the Certifying Authority shall be to‐(a)issue certificates;(b)issue and regulate the use of private and public key pairs;(c )authorize and regulate the issue of certificates bycertification service providers;(d)authenticate certificates issued by any local or overseas
certification service provider;(e)provide time stamping services in relation to electronic
documents;(f)provide application programming interface, including
data encryption, encrypted signatures and digitalenvelopes;(g)carry out any other duties assigned to it under this or any
other enactment.

(4)
For the purpose of exercising its functions under this section, theCertifying Authority may‐(a)carry out such investigations as may be necessary;(b)
co‐operate with any overseas certifying authority inestablishing a system of mutual certification;(c )issue certification practice statements from time to time;(d)with the approval of the Minister, make regulationsprescribing‐(i)the fees to be imposed for the issue ofcertificates, authorizations to certification service
providers and private and public key pairs;

31
(ii)

the manner of application and the requirements
for authorization of certification service
providers;standards and codes of conduct forintermediaries and certification service
providers.

(iii)

PART VI‐(1)

General[Misuse of43

A person who knowingly and with intent to commit an offence

computer.

against this Act, or an offence involving property, fraud or dishonesty, causes a
computer to perform any function for the purpose of access to any program ordata held in that computer in relation to an electronic transaction , commits anoffence.
(2) For the purpose of this section, it is immaterial that the act inquestion is not directed at‐(a)any particular program or data;(b)a program or data of any kind; or(c)a program or data held in any particular computer.

(3) For the purposes of this section, a person secures or gains access toany program or data held in a computer if, by causing the computer
to perform any function that person‐(a)alters or erases the program or data;(b)

copies or moves it to any storage medium other than thatin which it is held or to a different location in the storage
medium in which it is held;(c)uses it; or(d)causes it to be output from the computer in which it isheld, whether by having it displayed or in any othermanner.

(4) For the purpose of subsection (3) (c ), a person uses a program if thefunction that the person causes the computer to perform‐(a)causes the program to be executed; or(b)

is itself a function of the program.

32(5) For the purpose of subsection (3) (d), that the form in which any
program or data output and whether or not it represents a form inwhich , in the case of a program, it is capable of being executed , or,in the case of data, it is capable of being processed by a computer, isimmaterial.]
Restrictions

44.

(1)

Subject to this Part, no information that‐on disclosure of
information.

(a)

has been obtained under or by virtue of the provisions of
this Act; and(c)relates to the private affairs of a natural person or toany particular business,shall, during the lifetime of that person or as long as that business
continues to be carried on, be disclosed without the consent of thatnatural person or the person for the time being carrying on that business.
(2)
Subsection (1) shall not apply to any disclosure of
information which is made‐(a)for the purpose of facilitating the carrying out of‐(i)any functions under Part III;(ii)

prescribed public functions of any person;(b)in connection with the investigation of any criminal
offence or for the purpose of any criminal proceedings;(c )for the purpose of any civil proceedings that‐(i)relate to the provision of certification or
accreditation services; and(ii)
are proceedings to which a person authorized inaccordance with Part III is a party.

(3)

In subsection (2) (b) “public functions” includes any function
conferred by or in accordance with any provision contained in or
made under any enactment.

(4)

If information is disclosed to the public in circumstances in which
the disclosure does not contravene this section, this section shallnot prevent its further disclosure by any person.

33
(5)

A person who discloses any information in contravention of thissection is guilty of an offence and is liable‐(a)on summary conviction to a fine of$ [];(b) on conviction on indictment, to imprisonment for aterm of [ ] or to a fine of$ [] or to both.
(6)
The Minister may make regulations prescribing standards for theprocessing of personal data whether that data originates within Grenadaor outside of Grenada.
(7)

The regulations may provide for‐(a)the registration of the standards by data controllers anddata processors;(b)the establishment of a register that is available for public
inspection, showing particulars of data controllers anddata processors who have registered the standarda andthe dates thereof and the countries in respect of which
the registration applies;(c )the application of the standards to those countries
specified in the regulations; and(d)different standards to be applied in respect of personal
data originating from different countries.

(8)
A data controller or data processor who registers a standard
referred to in subsection (6) shall comply with the standard and any
amendments made thereto in respect of any personal data that‐(a)originates from a country to which the standard applies;
and

(b)

is collected by the data controller duritng the period ofregistration.

(9)
A data controller or data processor who contravenes subsection(8) is guilty of an offence and is liable on summary conviction to
imprisonment for a term [not exceeding six months ] or to a fine notexceeding $[ ] or both.

Penalties.

45.
A person who contravenes any provision of this Act (for which no penalty
is provided in this Act) or any regulations made hereunder shall be liable uponconviction
before a Magistrate to a fine not exceeding [] dollars or to34
imprisonment for a term not exceeding [imprisonment;] or to both such fine andOffences

46.

Where a body corporate commits an offence under this Act and thebyoffence is proved to have been committed with the consent or connivance of, orbodiesto be attributable to any neglect on the part of, any director, manager, company

corporate.

secretary or other similar officer of the body corporate, or any person purportingto act in any such capacity, that officer or person, as the case may be, as well as
the body corporate shall be liable for the offence.

Act binds

47.

This Act binds the Crown.

Crown.
Regulations.

48.

The Minister may make regulations generally for giving effect to theprovisions of this Act and, without prejudice to the generality of
the foregoing, may make regulations prescribing‐(a) methods which satisfy the requirements for an encryptedsignature under this Act;(b) formats by which information may be communicatedelectronically, whether or not there exist prescribed non‐electronic forms;(c) requirements for certification;(d) the matters to be specified in a certificate;(e) procedures for the use, importation or exportation of
encryption programs or other encryption devices;(f) the classes of transactions, documents or rules of law to be
excluded from the application of this Act;(g) any other purpose for the more effective achievement of theobjects of this Act.

Minister
may amend

49.

The Minister may by order subject to affirmative resolution of [penalty or(a)increase any monetary penalty of this Act;

Schedules.

(b)amend any of the Schedules.

]‐

35
FIRST SCHEDULE
Transaction
1.

(Section 3)
Extent of exclusion from this Act

the making, execution,

Whole Act

alteration or revocation of
a Will or testamentary instrument;2.

the conveyance of real property or

Whole Actthe transfer of any interest in real property;
3. negotiable instruments;
4. the creation, performance or enforcement

Whole Actof an indenture, declaration of trust or
power of attorney ,[other than constructive and resulting trusts.]5.

Any procedure governed by the [Civil

Whole Act

Procedure Rules] or by rules of court made pursuant
to any law.

SECOND SCHEDULE( Section 36)

Information to be made available to supplier to consumers
1.

The full name of the supplier.

2.

The supplier’s geographical address, website address, e‐mail address andtelephone number.

36
3.

The geographical address where the supplier will receive service of legal
documents.

4.

A disclosure as to whether the entity is incorporated or registered under any law
and, where applicable, the supplier’s registration number and place ofregistration.

5.

Details as to membership in any self‐regulatory or accreditation bodies to which
the supplier belongs or subscribes and the contact information of such bodies.

6.

A description of any code of conduct to which the supplier subscribes and howthat code may be accessed electronically by the consumer.

7.

A description of the main characteristics of each type ofgoods, service or facility(as the case may be )offered on the website by the supplier , which is reasonably
sufficient to enable the consumer to make an informed decision as to the
proposed electronic transaction.

8.

The full price of the goods, services or facilities, as the case may be, includingtransportation costs, taxes and any other fees or costs.

9.

The method of payment required by the supplier.

10.

The terms of agreement, including any guarantees, that will apply to thetransaction, and how those terms may be accessed, stored and reproduced by the
consumer electronically.

11.

The time within which the goods will be dispatched or delivered, the services
rendered or the facilities made available, as the case may be.

12.

The manner and period within which consumerscan access and maintain a fullrecord of the transaction.

13.

The return, exchange and refund policy of the supplier.

14.

Any dispute resolution code to which the supplier subscribes, and how the text ofthat code may be accessed electronically by the consumer.

15.

The security procedures and privacy policy of the supplier in respect of payment,
payment information and personal information.
MEMORANDUM OF OBJECTS AND REASONSThe Government recognizes the importance of Information and Communication technologies inthis era of globalization . These technologies are becoming a basic resource needed by all persons
in order to enable them to participate fully in the economic, social and cultural life of theircommunities as well as the global community.

37
The Government is therefore committed to foster a knowledge‐based society in order toensure access by all the people to all forms of information and to take advantage of theopportunities offered by the developments in the Information, Communications and Technology
sector.
This Bill seeks to provide a framework for the conduct of electronic transactions. As stated in the
Objects the Bill seeks inter alia, to provide a regulatory framework to facilitate the use ofelectronic documents, promote business and community confidence in the use of electronictransactions and promote public confidence in the integrity and reliability of such document andtransactions .
The Bill also establishes uniform legal rules and standards regarding the authentication andintegrity of electronic documents. Provisions are also made to facilitate electronic filing of
information with Government agencies and statutory bodies and thereby promote the efficientdelivery of Government services by such means .