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ELECTRONIC TRANSACTIONSACT 19COMMONWEALTH OF DOMINICA
ARRANGEMENT OF SECTIONSSECTIONSPART IPRELIMINARY
1.
2.
3.
4.
5.
6.

Short title and commencement.
Interpretation.
Objects.
Act binds State.
Inapplicability of Act.
Autonomy of parties.

PART IIREQUIREMENTS FOR LEGAL RECOGNITION

7.
8.
9.
10.
11.
12.
13.
14.
15.

Legal recognition of electronic communications.
Legal recognition of electronic records.
Requirement to provide access to information in paper
form.
Delivery of information.
Information in original form.
Retention of documents, records, or information inelectronic form.
Other requirements.
Comparison of documents with originals.
Admissibility of electronic records.

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ELECTRONIC TRANSACTIONSACT 19PART III
ELECTRONIC CONTRACTS
16.
17.
18.
19.
20.
21.

Formation and validity of contracts.
Effectiveness between parties.
Time and place of dispatch and receipt of electronic
communications.
Invitation to make offer.
Use of automated message systems for contract formation.
Error in electronic communications.
PART IV
ELECTRONIC SIGNATURES

22.
23.
24.
25.

Requirement for signature.
Equal treatment of signatures.
Conduct of the signatory.
Recognition of foreign certificates and electronic
signatures.
PART VSECURE ELECTRONIC RECORDS
AND SIGNATURES

26.
27.
28.

Secure electronic record.
Secure electronic signature.
Presumptions related to secure electronic records andsignatures.

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ELECTRONIC TRANSACTIONSACT 19PART VI
INFORMATION SECURITY
PROCEDURES PROVIDERS
29.
30.

Specified security procedure providers.
Regulation of specified security procedures and specified
security procedure providers.
PART VII
ELECTRONIC GOVERNANCE

31.
32.
33.

Use of electronic records and electronic signatures by
Government and its agencies.
Records available for inspection.
Furnishing of information in prescribed forms.

PART VIIIINTERMEDIARIES AND ELECTRONICCOMMERCE SERVICE PROVIDERS
34.
35.
36.

Liability of intermediaries.
Procedure for dealing with unlawful, defamatory etc
information.
Code of conduct and standards for intermediaries andelectronic commerce service providers.
PART IXCONSUMER PROTECTION

37.
38.

Minimum information in electronic commerce.
Unwanted communications.

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ELECTRONIC TRANSACTIONSPART XMISCELLANEOUS

39.
40.
41.

False or misleading information.
Penalties.
Regulations.

ACT 19

2013

ELECTRONIC TRANSACTIONSACT 19COMMONWEALTH OF DOMINICA
ACT NO. 19 OF 2013
I assent

LS

CHARLES A. SAVARIN
President
18th November, 2013
AN ACT TO GIVE LEGAL EFFECT TO ELECTRONICDOCUMENTS, RECORDS AND SIGNATURES AND
FOR RELATED MATTERS.
(Gazetted 28th November, 2013.)
BE IT ENACTED by the Parliament of the Commonwealth ofDominica as follows -PART IPRELIMINARY
1. (1) This Act may be cited as the –ELECTRONIC TRANSACTIONS ACT, 2013.

Short title andcommencement.

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ELECTRONIC TRANSACTIONSACT 19(2) This Act shall come into operation on the 1st day ofOctober, 2013.
Interpretation.

2. (1) In this Act“addressee”, in relation to an electronic communication, meansa person who is intended by the originator to receive theelectronic communication, but does not include a person
acting as an intermediary with respect to that electronic
communication;“authentication data” includes user name, password and license
key;“automated message system” means a computer program or anelectronic or other automated means used to initiate an
action or respond to data messages or performances inwhole or in part, without review or intervention by anatural person each time an action is initiated or a
response is generated by the program or electronic orother means;“certificate” means a data message or other record confirming
the link between a signatory and the signature creation
data;“communication” includes any statement, declaration, demand,
notice, request, offer or the acceptance of an offer, thatthe parties are required to make or choose to make inconnection with the formation or performance of acontract;“consumer” means any person who enters or intends to enter into
an electronic transaction with a supplier as the end user ofthe goods or services offered by the supplier;

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ELECTRONIC TRANSACTIONSACT 19“Court” means the Eastern Caribbean Supreme Court;“electronic” includes electrical, digital, magnetic, wireless, optical,
electro-magnetic, biometric, photonic and similarcapabilities;“electronic commerce service provider” means a person who
uses electronic means in providing goods or services orboth;“electronic communication” means information which iscommunicated, processed, recorded, displayed, created,
stored, generated, received or transmitted by electronicmeans;“electronic form”, in relation to information, means any information
generated, sent, received or stored in media, magnetic
form, optical form, computer memory, microfilm, computer
generated microfiche or similar device;“electronic record” means a record generated, communicated,
received or stored by electronic means in an information
system or for transmission from one information system toanother;“electronic signature” includes(a) any electronic sound, symbol, process (i) attached to or logically associated with an electronic
record; and(ii) executed or adopted by a person with the intent tosign the electronic record; and

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ELECTRONIC TRANSACTIONSACT 19(b) a digital signature, a biometrical signature and anyother signature based on an electronic process;“enterprise” means a partnership or body, whether corporate orunincorporated, engaged in business;“individual” means a natural person;“information” includes data, text, documents, images, sounds,
codes, computer programmes, software and databases;“information system” means a system for generating, sending,receiving, storing or otherwise processing electronic
records;“intermediary”, in relation to an electronic communication, meansa person including a host who on behalf of another person,
sends, receives, transmits or stores either temporarily or
permanently that electronic communication or provides
related services with respect to that electronic
communication, and includes telecommunication service
providers, network service providers, Internet service providers,search engines, online payment sites, online auction sites,
online marketplaces and cyber cafés;“Minister” means the Minster to whom responsibility for egovernment and electronic commerce is assigned;“originator”, in relation to an electronic communication, means aparty by whom, or on whose behalf, the electronic
communication has been sent or generated prior to storage,
if any, but does not include a party acting as an intermediarywith respect to that electronic communication;

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ELECTRONIC TRANSACTIONSACT 19“public authority” means any Ministry, department, agency,
board, commission, local democratic organ or other bodyof the Government and includes an entity or a bodyestablished by law or by arrangement of the Government
or a Minister for a non-commercial public service purpose;“record” means information that is inscribed, stored or otherwise
fixed on a tangible medium or that is stored in an electronic,
paper-based or other medium and is retrievable in visibleform;“secure electronic record” means an electronic record that istreated as a secure electronic record by virtue of section
26(1) or any other provision of this Act;“secure electronic signature” means an electronic signature thatis treated as a secure electronic signature by virtue ofsection 27 or any other provision of this Act;“security procedure” means a procedure established by law or
agreement or knowingly adopted by each party, that is
employed for the purpose of verifying that an electronic
signature, communication or performance is that of aparticular person or for detecting changes or errors in thecontent of an electronic communication;“signatory” means a person who may or may not hold a signature
creation device and acts either on his or its own behalf or
on behalf of another person to create an electronic
signature;“signature creation data” means unique data, including codes,
private cryptographic keys and a uniquely configured
physical device which is used by the signatory in creating
an electronic signature;

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ELECTRONIC TRANSACTIONSACT 19“signed” or “signature” and its grammatical variations means amethod, electronic or otherwise, used to identify a person
and to indicate the intention of that person in respect of theinformation contained in a record;“specified security procedure” means a security procedure
which is specified by Order by the Minister;“specified security procedure provider” means a person involvedin the provision of a specified security procedure;“transaction” means an action or set of actions relating to the
conduct of business, consumer or commercial affairs
between two or more persons including the sale, lease,exchange, licensing or other disposition of personal
property, including goods and intangible interests in real
property, services or any combination of any of theseactions.
(2) In this Act, “place of business”, in relation to a party,means (a) any place where the party maintains a nontransitory establishment to pursue an economic
activity other than the temporary provision of
goods or services out of a specific location; or(b) if the party is a natural person and he does nothave a place of business, the person’s habitualresidence.
(3) For the purposes of subsection (2) (a)if a party has indicated his place of business, thelocation indicated by him is presumed to be his

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373

ACT 19place of business unless another party proves thatthe party making the indication does not have aplace of business at that location;(b) if a party has not indicated a place of business andhas more than one place of business, then theplace of business is that which has the closest
relationship to the relevant contract, having regard
to the circumstances known to or contemplatedby the parties at any time before or at theconclusion of the contract;(c) a location is not a place of business merely
because that location is (i) where equipment and technology supporting
an information system used by a party inconnection with the formation of a contract
are located; or(ii) where the information system may beaccessed by other parties; and(d) the sole fact that a party makes use of adomain name or an electronic mail addressconnected to a specific country does notcreate a presumption that its place of businessis located in that country.
(4) Where an electronic communication does not relate
to any contract, references to a contract in subsection (3) refer tothe relevant transaction.
3. The objects of this Act are to(a) facilitate electronic communications by means ofreliable electronic records;

Objects.

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ELECTRONIC TRANSACTIONSACT 19(b) facilitate electronic commerce, to eliminate barriers
to electronic commerce resulting from uncertainties
over writing and signature requirements, and topromote the development of the legal and business
infrastructure necessary to implement secure
electronic commerce;(c) facilitate electronic filing of documents with publicauthorities, and to promote efficient delivery by publicauthorities of services by means of reliable electronic
records;(d) minimise the incidence of forged electronic records,
intentional and unintentional alteration of records, andfraud in electronic commerce and other electronictransactions;(e) help to establish uniformity of rules, regulations andstandards regarding the authentication and integrityof electronic records; and(f) promote public confidence in the integrity and reliabilityof electronic records and electronic commerce, andto foster the development of electronic commerce
through the use of electronic signatures to lendauthenticity and integrity to correspondence in any
electronic medium.
Act binds State.

Inapplicability of Act.

4. This Act binds the State.
5. (1) This Act does not apply to any written law requiring
writing, signatures or original documents for(a) the making, execution or revocation of a will or
testamentary instrument;

2013

ELECTRONIC TRANSACTIONSACT 19375(b) the conveyance of real or personal property or thetransfer of any interest in real or personal property;(c) the creation, performance or enforcement of anindenture, declaration of trust or power of attorney;(d) the production of documents relating toimmigration, citizenship or passport matters; or(e) any other matters that may be determined by the
Minister by Order.
(2) Notwithstanding subsection (1), the Minister may by
Order make this Act applicable to any of the legal requirements
set out in subsection (1).
(3) An Order made under subsection (2) is subject toaffirmative resolution of the House.
6. (1) Nothing in this Act (a) requires any person to use or accept electronic
communications, electronic signatures orelectronic contracts; or(b) prohibits any person engaging in a transaction
through the use of electronic means from(i) varying by agreement any provision specified
in Parts II, III, or IV; or(ii) establishing reasonable requirements about
the manner in which electronic
communications, electronic signatures orelectronic forms of documents may be
accepted.

Autonomy of parties.

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ELECTRONIC TRANSACTIONSACT 19(2) A transaction which has been conducted using
electronic means shall not be denied legal effect, validity or
enforceability solely for the reason of the type or method ofelectronic communication, electronic signature or electronic
authentication selected by the parties.
PART IIREQUIREMENTS FOR LEGAL RECOGNITION
Legal recognition ofelectronic communications.

7. An electronic communication shall not be denied legal
effect, validity, admissibility or enforceability solely on the groundthat it is –(a) rendered or made available in electronic form; or(b) not contained in the electronic communication
purporting to give rise to such legal effect, but isreferred to in that electronic communication.

Legal recognition ofelectronic records.

8. (1) Where any information or other matter is required bylaw to be given or rendered in writing or recorded in writing or inprinted form or is described as being written, then, notwithstanding
anything contained in that law, that requirement or description isdeemed to have been satisfied if the information or matter is (a) rendered or recorded or made available in electronic
form; and(b) accessible to, and is capable of retention by, theintended recipient so as to be usable or retrievable
for a subsequent reference.
(2) Subsection (1) applies whether the requirement for
the information to be in writing or recorded in writing is in the formof an obligation or the law provides consequences if it is not inwriting.

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ELECTRONIC TRANSACTIONSACT 19377(3) Where subsection (1) applies, a legal requirement toprovide multiple copies of any information or other matter to thesame person at the same time is met by providing a single
electronic form of the information or other matter.
(4) Where any information is retained in electronic formin accordance with subsection (1) and is retrievable at any time
during the specified period of retention, the paper or other nonelectronic form of that information need not be retained.
9. A legal requirement to provide access to information thatis in paper or other non-electronic form is satisfied by providing
access to the information in electronic form where -Requirement to provide
access to information in
paper form.

(a) the form and means of access to the information
reliably assures the maintenance of the integrity of
the information, given the purpose for which, and thecircumstances in which, access to the information isrequired to be provided; and(b) the person to whom access is required to be provided
consents to accessing the information in that electronicform.
10. (1) Where information is required by law to be delivered,dispatched, given or sent to, or to be served on, a person, that
requirement is met by doing so in the form of an electronic record
provided that the originator of the electronic record states that thereceipt of the electronic record is to be acknowledged and theaddressee has acknowledged its receipt.
(2) Subsection (1) applies whether the requirement fordelivery, dispatch, giving, sending or serving is in the form of an
obligation or the law provides consequences for the information
not being delivered, dispatched, given, sent or served.

Delivery of information.

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Information in originalform.

11. (1) Where information is required by law to be presented
or retained in its original form, that requirement is met by anelectronic communication where-

ELECTRONIC TRANSACTIONSACT 19(a) there exists a reliable assurance as to the integrityof the information from the time it was first
generated in its final form as an electronic
communication or otherwise; and(b) any information required to be presented to aperson is capable of being accurately represented
to the person.
(2) Subsection (1) applies whether the requirement for
the information to be presented or retained in its original form isin the form of an obligation or the law provides consequences if
it is not presented or retained in its original form.
(3) For the purposes of subsection (1)(a) (a) the criterion for assessing integrity is whether the
information has remained complete and unaltered,apart from the additions of any endorsement andany change which arises in the normal course ofcommunication, storage and display; and(b)

Retention of documents,
records, or information inelectronic form.

the standard of reliability required is to be assessedin the light of the purpose for which the information
was generated and all the relevant circumstances.

12. (1) Where certain documents, records or information are
required by law to be retained in paper or other non-electronic
form, that requirement is met by retaining it in electronic form if
the following conditions are satisfied (a) the information contained in electronic form isaccessible so as to be usable for subsequent
reference;

2013

ELECTRONIC TRANSACTIONSACT 19379(b) the electronic communication is retained in theformat in which it was generated, sent or received,
or in a format which can be demonstrated torepresent accurately the information generated,
sent or received; and(c) any information that enables the identification of
the origin and destination of an electronic
communication and the date and time when it wassent or received is retained.
(2) An obligation to retain documents, records orinformation in accordance with subsection (1) (c) does not extend
to any information the sole purpose of which is to enable themessage to be sent or receive.
(3)A person may satisfy the requirement referred to in
subsection (1) by using the services of any other person, if theconditions set out in subsection (1) are met.
(4) Nothing in this section precludes any public authority
from specifying additional requirements for the retention ofelectronic communications that are subject to the jurisdiction of
the public authority.
13. (1) An expression in a law, whether used as a noun orverb, including the terms “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 that form, format or action in relation to anelectronic record unless otherwise provided for in this Act.
(2) Where a seal is required by law to be affixed to a
document and the law does not prescribe the method or form bywhich the document may be sealed, that requirement is met if the
document indicates that it is required to be under seal and it
includes the secure electronic signature of the person by whom it
is required to be sealed.

Other requirements.

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ELECTRONIC TRANSACTIONSACT 19(3) Where information or a signature, document or record
is required by a statutory provision or rule of law, or by contract
or deed to be notarised, acknowledged, verified or made underoath, the requirement is satisfied if, in relation to an electronic
signature, electronic document or electronic record, the electronic
signature of the person authorised to perform those acts, together
with all other information required to be included by otherapplicable law, is attached to or logically associated with theelectronic signature, electronic document or electronic record.
Comparison of
documents withoriginals.

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

Admissibility ofelectronic records.

15. (1) In proceedings in a court, tribunal or arbitration,
whether of a legal, judicial, quasi-judicial or administrative nature,
the admissibility of an electronic record or an electronic signaturein evidence shall not be denied solely on the grounds that it is anelectronic record or an electronic signature.
(2) Information in the form of an electronic communication
shall be given due evidential weight and in assessing the evidential
weight of an electronic communication; regard shall be had to (a)the reliability of the manner in which the electronic
communication was generated, stored ortransmitted;(b)

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

2013

ELECTRONIC TRANSACTIONSACT 19381

PART III
ELECTRONIC CONTRACTS
16. (1) For the avoidance of doubt, it is declared that in thecontext of the formation of contracts, an offer and the acceptanceof an offer may be expressed by means of electronic
communications.

Formation and validityof contracts.

(2) Where an electronic communication is used in theformation of a contract, that contract shall not be denied validity
or enforceability solely on the ground that an electronic
communication is used for that purpose.
17. As between the originator and the addressee of anelectronic communication, a declaration of intent or other statement
shall not be denied legal effect, validity or enforceability solely on
the ground that it is in the form of an electronic communication.

Effectiveness between
parties.

18. (1) The time of dispatch of an electronic communicationis -Time and place of
dispatch and receipt ofelectronic communications.

(a) the time when it leaves an information system
under the control of the originator or of the party
who sent it on behalf of the originator; or(b) if the electronic communication has not left an
information system under the control of theoriginator or of the party who sent it on behalf ofthe originator, the time when the electronic
communication is received.
(2) The time of receipt of an electronic communication is
the time when the electronic communication becomes capable ofbeing retrieved by the addressee at an electronic address designatedby the addressee.

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ELECTRONIC TRANSACTIONSACT 19(3) The time of receipt of an electronic communication at
an electronic address that has not been designated by theaddressee is the time when the electronic communication becomescapable of being retrieved by the addressee at that address andthe addressee becomes aware that the electronic communication
has been sent to that address.
(4) For the purposes of subsection (3), an electronic
communication is presumed to be capable of being retrieved by
the addressee when it reaches the electronic address of theaddressee.
(5) An electronic communication is deemed to be (a)dispatched at the place where the originator has
its place of business; and(b) received at the place where the addressee has its
place of business.
(6) Subsections (2), (3) and (4) apply notwithstandingthat the place where the information system supporting anelectronic address is located may be different from the place
where the electronic communication is deemed to be received
under subsection (5).
Invitation to make offer.

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

Use of automatedmessage systems forcontract formation.

20. A contract formed by the interaction of an automatedmessage system and a natural person, or by the interaction of

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383

ACT 19automated message systems, shall not be denied validity or
enforceability solely on the ground that no natural person reviewed
or intervened in each of the individual actions carried out by theautomated message systems or the resulting contract.
21. (1) Where (a) an individual, on his or her own behalf or on thebehalf of a party, makes an input error in anelectronic communication exchanged with theautomated message system of another party; and(b) the automated message system does not provide
the individual with an opportunity to correct theerror,
that individual, or the party on whose behalf that individual was
acting, has the right to withdraw the portion of the electronic
communication in which the input error was made.
(2) Subsection (1) does not apply unless the individual or
the party on whose behalf that individual was acting (a)notifies the other party of the error as soon as
possible after having learned of it and indicatesthat he made an error in the electronic
communication; or(b) has not used or received any material benefit orvalue from the goods or services, if any, received
from the other party.
(3) Nothing in this section shall affect the application of
any rule of law that may govern the consequences of any error
other than as provided for in subsections (1) and (2).

Error in electronic
communications.

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ELECTRONIC TRANSACTIONSACT 19PART IV
ELECTRONIC SIGNATURES
Requirement for
signature.

22. Where a rule of law requires a signature or provides forcertain consequences if a document or a record is not signed, that
requirement is satisfied in relation to an electronic record if –(a) a method is used to identify the person and to indicatethat person’s intention in respect of the information
contained in the electronic record; and(b) the method used is either (i) as reliable as appropriate for the purpose forwhich the electronic record was generated orcommunicated, in the light of all thecircumstances, including any relevant
agreement; or(ii) proven in fact to have fulfilled the functions
described in paragraph (a), by itself or together
with further evidence.

Equal treatment ofsignatures.

Conduct of thesignatory.

23. Unless otherwise provided by law, the parties to anelectronic transaction may agree to the use of a particular method
or form of electronic signature or security procedure.
24. Where a signature creation data or an authentication data
can be used to create a signature or authenticate any electronic
record that has legal effect, each signatory shall (a) exercise reasonable care to avoid unauthorised use of
its signature creation data or authentication data;(b) without undue delay, notify any person who may
reasonably be expected by the signatory to rely on or

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ELECTRONIC TRANSACTIONSACT 19385

to provide services in support of the electronic signature
if (i) the signatory knows that the signature creation
data or authentication data has been compromised;or(ii) the circumstances known to the signatory giverise to a substantial risk that the signature creation
data or authentication data may have been
compromised; and(c) where a certificate is used to support the electronic
signature or authentication data, exercise reasonablecare to ensure the accuracy and completeness of allmaterial representation made by the signatory, which
are relevant to the certificate throughout its lifecycle,
or which are to be included in the certificate.
25. (1) In determining whether, or the extent to which, acertificate or an electronic signature is legally effective, no regard
shall be had to the place where the certificate or the electronic
signature was issued, nor to the jurisdiction in which the issuer had
its place of business.
(2) Parties to commercial and other transactions may
specify that a particular information security procedure provider,class of information security procedure providers or class ofcertificates shall be used in connection with messages or signaturessubmitted to them.
(3) Notwithstanding subsections (2) and (3), where theparties to a transaction agree to the use of particular types ofelectronic signatures and certificates, that agreement shall berecognised as sufficient for the purpose of cross-border recognition
in respect of that transaction.

Recognition of foreign
certificates andelectronic signatures.

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ELECTRONIC TRANSACTIONSACT 19PART VSECURE ELECTRONIC RECORDS
AND SIGNATURES
Secure electronic record.

26. (1) If a specified procedure, or a commercially reasonablesecurity procedure, agreed to by the parties involved in a transaction
has been properly applied to an electronic record to verify that theelectronic record has not been altered since a specific point in
time, the record shall be treated as a secure electronic record fromthe specific point in time to the time of verification.
(2) For the purposes of subsection (1) and section 27, in
determining whether a security procedure is commerciallyreasonable regard shall be had to the purposes of the procedureand the commercial circumstances at the time the procedure wasused, including (a)the nature of the transaction;(b) the sophistication of the parties;(c) the volume of similar transactions engaged in byeither or all parties;(d)the availability of alternatives offered to but
rejected by any party;(e)the cost of alternative procedures; and(f) the procedures in general use for similar types oftransactions.
Secure electronic
signature.

27. (1) For the purposes of an electronic transaction, an
electronic signature shall be treated as a secure electronic
signature if, through the application of a specified security

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ELECTRONIC TRANSACTIONSACT 19387

procedure, or a commercially reasonable security procedure
agreed to by the parties involved in the electronic transaction, it
can be verified that the electronic signature was, at the time it was
made—(a) unique to the person using it;(b) capable of identifying the person;(c) created in a manner or using a means under thesole control of the person using it; and(d) linked to the electronic record to which it relates
in a manner such that if the record was changed
the electronic signature would be invalidated.
(2) Whether a security procedure is commerciallyreasonable shall be determined in accordance with section 26(2).
28. (1) In any proceedings involving a secure electronic
record, it shall be presumed, unless evidence to the contrary is
adduced, that the secure electronic record has not been alteredsince the specific point in time to which the secure status relates.
(2) In any proceedings involving a secure electronic
signature, it shall be presumed, unless evidence to the contrary is
adduced, that the secure electronic signature (a)is the signature of the person to whom it correlates;
and(b) was affixed by the person referred to in paragraph(a) with the intention of signing or approving theelectronic record.
(3) In the absence of a secure electronic record or a

Presumptions related tosecure electronic records
and signatures.

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ELECTRONIC TRANSACTIONSACT 19secure electronic signature, nothing in this Part creates any
presumption relating to the authenticity and integrity of theelectronic record or electronic signature.
PART VI
INFORMATION SECURITY
PROCEDURES PROVIDERS
Specified security
procedure providers.

29. The Minister may by Order list the classes of specified
security procedure providers to which this Part applies.

Regulation of specified
security procedures andspecified security
procedure providers.

30. (1) The Minister may make regulations for the carryingout of this Part and without prejudice to such general power, may
make regulations for all or any of the following purposes (a) regulating, registering, licensing or accrediting
specified procedure providers and their authorised
representatives;(b) safeguarding or maintaining the effectiveness andefficiency of the common security infrastructure
relating to the use of secure electronic signatures
and the authentication of electronic records,
including the imposition of requirements to ensureinteroperability between specified security
procedure providers or in relation to any security
procedure;(c) ensuring that the common security infrastructure
relating to the use of secure electronic signatures
and the authentication of electronic records
complies with Dominica’s international obligations;(d) prescribing the forms and fees applicable for the
purposes of this Part.

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ELECTRONIC TRANSACTIONSACT 19(2) Without prejudice to the generality of subsection(1)(a), the Minister may, in making regulations for the regulation,
registration, licensing or accreditation of specified security
procedure providers and their authorised representatives (a)prescribe the accounts to be kept by specified
security procedure providers;(b)provide for the appointment and remuneration of
an auditor, and for costs of an audit carried out
under the regulations;(c) provide for the establishment and regulation ofany electronic system by a specified security
procedure provider, whether by itself or in
conjunction with other specified security
procedure providers, and for the imposition andvariation of requirements or conditions relating to
the electronic system that the Minister considers
appropriate;(d) make provisions to ensure the quality of repositories
and the services they provide, including provisions
for the standards, registration, licensing or
accreditation of repositories;(e) provide for the use of any accreditation mark in
relation to the activities of specified security
procedure providers and for controls over the useof those marks;(f)prescribe the duties and liabilities of specified
security procedure providers registered, licensed
or accredited under this Act in respect of theircustomers; and(g) provide for the conduct of any inquiry into the

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ELECTRONIC TRANSACTIONSACT 19conduct of specified security procedure providers
and their authorised representatives and therecovery of the costs and expenses involved insuch an inquiry.
(3) Regulations made under this section may provide thata contravention of a specified provision shall be an offence andmay provide penalties of a fine not exceeding fifty thousand dollars
or imprisonment for a term not exceeding twelve months or both.
PART VII
ELECTRONIC GOVERNANCE
Use of electronic
records and electronic
signatures by
Government and its
agencies.

31. (1) A public authority that, pursuant to any written law (a) accepts the filing of documents, or obtains
information in any form;(b) requires that documents be created or retained;(c) requires documents, records or information to beprovided or retained in their original form;(d) issues any permit, licence or approval; or(e) requires payment of any fee, charge or otheramount by any method and manner of payment,
may, notwithstanding anything to the contrary in
the written law, carry out that function by meansof electronic records or in electronic form.
(2) In any case where a public authority decides toperform any of the functions in subsection (1) by means ofelectronic records or in electronic form, the public authority may
specify -2013

ELECTRONIC TRANSACTIONS(a)

ACT 19the manner and format in which the electronic
records shall be filed, created, retained, issued orprovided;(b) where the electronic records have to be signed,
the type of electronic signature required, including,if applicable, a requirement that the sender use aparticular type of secure electronic signature;(c) the manner and format in which the signaturemust be affixed to the electronic record, and theidentity of or criteria that must be met by any
specified security procedure provider used by the
person filing the document;(d)the control processes and procedures that may beappropriate to ensure adequate integrity, security
and confidentiality of electronic records or
payments; or(e) any other required attributes for electronic records
or payments that are currently specified forcorresponding paper documents.
(3) For the avoidance of doubt, notwithstanding anything
to the contrary in any written law but subject to any specification
made under subsection (2), where any person is required by any
written law to (a) file any document with, or provide information in
any form to, a public authority;(b) create or retain any document for a public authority;(c) use a prescribed form for an application or
notification to, or other transaction with, a publicauthority;

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ELECTRONIC TRANSACTIONS(d)

ACT 19provide to or retain for a public authority any
document, record or information in its original; or(e) hold a licence, permit or other approval from apublic authority,
the requirement is satisfied by an electronic record specified by
the public authority for that purpose and (f)in the case of a requirement referred to inparagraph (a), (c) or (d), transmitted or retainedin the manner specified by the public authority;(g)in the case of a requirement referred to inparagraph (b), created or retained in the manner
specified by the public authority; or(h)in the case of a requirement referred to inparagraph (e), issued by the public authority.

(4) Subject to sections 13 and 14, nothing in this Act byitself compels any public authority to accept or issue any document
or information in the form of electronic records or to accept any
payment in electronic form.
Records available forinspection.

32. Where documents, records or information are required byany statutory provision or rule of law or by contract or by deed tobe made available for inspection, that requirement is met bymaking the documents, records or information available forinspection in perceivable form as an electronic record.

Furnishing of
information in prescribed
forms.

33. Notwithstanding anything contained in any law, a legal
requirement that a person provides information in a prescribed
paper or other non-electronic form to another person is satisfied
by providing the information in an electronic form that -2013

ELECTRONIC TRANSACTIONSACT 19393(a) contains the same or substantially the same information
as the prescribed paper or other non-electronic form;(b) is accessible to the other person so as to be useable
or retrievable for subsequent reference; and(c) is capable of being retained by the other person.
PART VIIIINTERMEDIARIES AND ELECTRONICCOMMERCE SERVICE PROVIDERS
34. (1) Where an intermediary or electronic commerce service provider is not the originator of an electronic record, the record
intermediary or electronic commerce service provider shall not be
subject to any civil or criminal liability in respect of which theintermediary provides services, if—(a) subject to paragraphs (b) and (c), the intermediaryor electronic commerce service provider follows
the procedure set out in section 35;(b) the intermediary or electronic commerce service
provider has no actual knowledge that the
information gives rise to civil or criminal liability;or(c) the intermediary or electronic commerce service
provider is not aware of any facts or circumstancesfrom which the likelihood of civil or criminal
liability in respect of the electronic record oughtreasonably to have been known.
(2) An intermediary or electronic commerce service
provider shall not be required to monitor any electronic record
processed by means of his system in order to ascertain whether

Liability of intermediaries.

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ELECTRONIC TRANSACTIONSACT 19the processing of the electronic record would, apart from thissection, constitute or give rise to an offence or give rise to civil
liability.
(3) Nothing in this section relieves an intermediary orelectronic commerce service provider from —(a) any obligation to comply with an order or directionof a court or other competent authority; or(b) any contractual obligation.
Procedure for dealing
with unlawful,
defamatory etc
information.

35. (1) Where an intermediary or electronic commerce service
provider has actual knowledge, or becomes aware, that the
information in an electronic record gives rise to civil or criminal
liability, the intermediary or electronic commerce service provider
shall, as soon as practicable—(a) remove the information from any information
system within the intermediary’s or electroniccommerce service provider’s control and ceaseto provide or offer to provide services in respectof that information; and(b) notify the Minister or appropriate law enforcement
authority of the relevant facts and of the identityof the person for whom the intermediary orelectronic commerce service provider was
supplying services in respect of the information,
if the identity of that person is known to theintermediary or electronic commerce service
provider.
(2) Where an intermediary or electronic commerce
service provider is aware of facts or circumstances from which
the likelihood of civil or criminal liability in respect of the informationin an electronic record ought reasonably to have been known, the2013

ELECTRONIC TRANSACTIONSACT 19intermediary or electronic commerce service provider shall, as
soon as practicable—(a) follow the relevant procedure set out in a code of
conduct approved or standard appointed under
this Act if such code or standard applies to theintermediary or electronic commerce service
provider; or(b) notify the Minister.
(3) Where the Minister is notified in respect of any
information under subsection (2), the Minister may direct theintermediary or electronic commerce service provider to (a) remove the electronic record from any information
processing system within the control of theintermediary or electronic commerce service
provider;(b) cease to provide services to the person to whom
the intermediary or electronic commerce service
provider was supplying services in respect of thatelectronic record; or(c) cease to provide services in respect of thatelectronic record.
(4) An intermediary or electronic commerce service
provider is not liable, whether in contract, tort, under statute or
pursuant to any other right, to any person, including any person onwhose behalf the intermediary or electronic commerce service
provider provides service in respect of information in an electronic
record, for any action the intermediary or electronic commerce
service provider takes in good faith in exercise of the powers
conferred by, or as directed by, the Minister, under this section.

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ELECTRONIC TRANSACTIONSACT 19(5) A person who lodges a notification of unlawful
activity with an intermediary or electronic commerce service
provider, knowing that it materially misrepresents the facts,
commits an offence and is liable for damages for wrongful
removal of the information or electronic record under subsections(1) to (3).
(6) If a code of conduct is approved or a standard isspecified by the Minister under this Act to apply to intermediaries
or electronic commerce service providers, those intermediaries orelectronic commerce service providers shall comply with thecode of conduct or standards.
Code of conduct andstandards for intermediaries and electroniccommerce service
providers.

36. (1) If a code of conduct is approved or a standard isspecified by the Minister under this section to apply to intermediaries
or electronic commerce service providers, every intermediaryand electronic commerce service provider shall comply with thecode of conduct or the standard.
(2) Where an intermediary or electronic commerce
service provider fails to comply with an approved code of conduct
or any specified standard, the Minister—(a) subject to paragraph (b), shall by order in writing,direct the intermediary or electronic commerce
service provider to cease and desist and specify
in the period within which with the correction
action must be taken with respect to the approved
code of conduct or specified standard; or(b) may in the first instance, issue a written warning
to the intermediary or electronic commerce
service provider respecting the failure to comply.
(3) Where the Minister is satisfied (a) that a body or organisation represents

2013

ELECTRONIC TRANSACTIONSACT 19intermediaries or electronic commerce service
providers, the Minister may, by notice given to thebody or organisation, direct the body ororganisation to —(i) develop a code of conduct that applies tointermediaries or electronic commerce service
providers who deal with one or more specified
matters relating to the provision of services
by those intermediaries or electroniccommerce service providers; and(ii) provide a copy of that code of conduct to the
Minister within the time that is specified in the
direction; and(b) with the code of conduct provided under paragraph(a), the Minister shall approve the code of conduct
by notice published in the Gazette and on thatpublication the code of conduct applies tointermediaries or electronic commerce service
providers specified in the notice.
(4) If the Minister is satisfied that (a)no body or organisation represents intermediaries
or electronic commerce service providers; or(b)a body or organisation to which notice is given
under subsection (3) has not complied with thedirection of the Minister under subsection (3),the Minister may, by notice published in the Gazette, specify astandard that applies to the concerned intermediaries or electroniccommerce service providers.
(5) Where the Minister—

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ELECTRONIC TRANSACTIONSACT 19(a) receives from a body or organisation representing
intermediaries or electronic commerce service
providers notice of proposals to amend any
approved or specified code of conduct or standard;or(b)considers that an approved or specified code of
conduct or standard is no longer appropriate,

the Minister may, by notice published in the Gazette, revoke oramend the code of conduct or standard, as the case may be.
(6) Where an intermediary or electronic commerce
service provider fails or neglects to comply with a direction issued
by the Minister under subsection (2), within a period that may be
specified in the direction, the intermediary or, as the case may be,
the electronic commerce service provider commits an offence
and is liable on summary conviction to a fine of fifty thousand
dollars and if offence is a continuing one to a further fine of one
thousand dollars for each day the offence continues after conviction.
(7) References in this section to intermediaries orelectronic commerce service providers include references to aparticular class of intermediaries or electronic commerce service
providers.
PART IXCONSUMER PROTECTION
Minimum information inelectronic commerce.

37. (1) A person using electronic communication to sellgoods or services to consumers shall provide accurate, clear andaccessible information about themselves, sufficient to allow (a) the legal name of the person, its principal geographic
address, and an electronic means of contact or
telephone number;

2013

ELECTRONIC TRANSACTIONS

399

ACT 19(b) prompt, easy and effective consumer
communication with the seller; and(c) service of legal process.
(2) A person using electronic communications to sellgoods or services to consumers shall provide accurate andaccessible information describing the goods or services offered,sufficient to enable consumers to make an informed decision
about the proposed transaction and to maintain an adequate
record of the information.
(3) A person using electronic communications to sellgoods or services to consumers shall provide information about
the terms, conditions and costs associated with a transaction, andnotably (a)terms, conditions and methods of payment; anddetails of and conditions related to withdrawal,
termination, return, exchange, cancellation andrefund policy information; and(b)details of and conditions related to withdrawal,
termination, return, exchange, cancellation andrefund policy information.

38. A person who (a) sends unsolicited commercial communications throughelectronic media to consumers based in Dominica; or(b) knowingly uses an intermediary or atelecommunications service provider based in
Dominica to send unsolicited electronic
correspondence to consumers; or(c) has a place of business in Dominica and sends,
unsolicited electronic correspondence to consumers,

Unwantedcommunications.

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ELECTRONIC TRANSACTIONSACT 19shall provide every such consumer with a clearly specified andeasily activated option to opt out of receiving futurecommunications.
PART XMISCELLANEOUS
False or misleading
information.

39. A person commits an offence if the person (a) files information required under this Act that contains
false or misleading information; or(b) provides a consumer or a user of an electronic
signature with false or misleading information.

Penalties.

40. (1) A person who commits an offence under this Act for
which no penalty is provided is liable, subject to subsection (2) (a) on summary conviction to a fine of two hundred
thousand dollars or to imprisonment for a term of
three years or to both; and(b) on conviction on indictment to a fine of two
hundred and fifty thousand dollars or to
imprisonment for five years or to both.
(2) Where an offence under this Act for which no penalty
is provided is committed by a enterprise, the enterprise is liable a) on summary conviction to a fine of two hundredand fifty thousand dollars; and(b) on conviction on indictment to a fine of five
hundred thousand dollars.
(3) Where an enterprise contravenes any of the provisions

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ELECTRONIC TRANSACTIONS401

ACT 19of this Act the Court may, in addition to any penalty it may impose
for a criminal offence, impose on the enterprise a fine up to ten
percent of the annual turnover of the enterprise.
(4) In imposing a fine under subsection (3), the Court
shall take into account (a) the estimate of the economic cost of thecontravention to the consumers, users of theservices in question or any other person affectedby the contravention;(b) the estimate of the economic benefit of thecontravention to the enterprise;(c) the time for which the contravention is in effect if
continuing;(d) the number and seriousness of any othercontraventions, if any, committed by the enterprise;and(e) any other matter the Court considers appropriate
in the circumstances.
41. (1) The Minister may make Regulations for the purposeof giving effect to this Act.
(2) Without prejudice to the generality of subsection (1),the Minister may make Regulations (a) relating to the sale of goods and services by aperson using electronic communications; or(b) with respect to any matter that is required to beprescribed under this Act.

Regulations.

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ELECTRONIC TRANSACTIONSACT 19(3) Regulations made under this section are subject tonegative resolution of the House.

Passed in the House of Assembly this 28th day of October, 2013.

VERNANDA RAYMOND (MRS)
Clerk of the House of Assembly

DOMINICA
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