LAWS OF TRINIDAD AND TOBAGOMINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRS

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ELECTRONIC TRANSACTIONS ACTCHAPTER 22:05

Act
6 of 2011
Amended by*4 of 2014

*See Note on page 2

Current Authorised Pages

Pages(inclusive)
1–10
11–24
25–32

..
..
..

Authorisedby L.R.O.

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Note on Subsidiary Legislation

This Chapter contains no subsidiary legislation.

Note on Proclamation

At the date of the Revision of this Act (December 2012), Parts V, VI, VIII, IX and X had
not yet been brought into operation. [See Section 1(2)].

Further Note on Proclamation
Act No. 4 of 2014

At the date of the Revision of this Act (December 2014), amendments made to section 2 by
the insertion of a new definition “revenue” and to section 53(1) by the insertion of paragraphs(e) and (f) by Act No. 4 of 2014 had not yet been brought into operation.

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ELECTRONIC TRANSACTIONS ACTSECTION

ARRANGEMENT OF SECTIONSPART IPRELIMINARY

1. Short title and commencement.
2. Interpretation.

3. Act binds the State.

4. No requirement to accept or issue document or information inelectronic form.
5. Purposes and construction.
6. Inapplicability of Act.

7. Voluntary use of electronic transactions.
PART IIREQUIREMENT FOR LEGAL RECOGNITION

8. Legal recognition of electronic transactions.
9. Writing.

10. Provision of information.

11. Specified non-electronic form.

12. Original form.

13. Retention of information, data messages or records in electronicform.
14. Whether information, a data message or a record is capable of being
retained.

15. Copies.

16. Electronically signed message deemed to be original document.
17. Admissibility and evidential weight of electronic records.
18. Electronic notarisation.

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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.

29.
30.
31.
32.

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ARRANGEMENT OF SECTIONS—Continued
PART IIICONTRACT FORMATION AND
DEFAULT PROVISION

Formation and validity of contracts.
Electronic expression of offer and acceptance.
Use of electronic agents for contract formation.
Error that occurs while dealing with an electronic agent.
Attribution of data messages or records.
Time of sending of data message.
Time of receipt of data message.
Place of sending and receipt of data message.
Place of business.
Habitual residence.
PART IV

ELECTRONIC SIGNATURE

Electronic signature.
Minimum standards for legally required signatures.
Reliability and integrity of electronic signatures.
Electronic signature associated with an accredited electronic
authentication product.
PART V

ELECTRONIC AUTHENTICATIONSERVICE PROVIDERS

33. Registration of Electronic Authentication Service Providers.
34. Application for registration.
35. Requirements for an Electronic Authentication Service Provider thatissues qualified electronic authentication products.
36. Grant of registration.
37. Recognition of the qualified external electronic authentication
products.
38. Registry of Electronic Authentication Service Providers.
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39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.

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Updated notification of compliance.
Audit by the Minister.
Responsibility to co-operate with an audit.
Confidentiality.
Power of the designated authority to deal with failure to meetrequirements.
Pseudonyms.
Additional responsibilities of an Electronic Authentication Service
Provider.
Immediate revocation upon request.
Liability of Electronic Authentication Service Provider issuing aqualified electronic authentication product.
Release from liability.
Costs of audit.
PART VI

INTERMEDIARIES AND
TELECOMMUNICATIONS SERVICEPROVIDERS

50. Liability of intermediaries and telecommunications service
providers.
51. Procedure for dealing with unlawful, defamatory, etc., information.
52. Codes of conduct and service standards for intermediaries andtelecommunications service providers.
PART VII

GOVERNMENT AND OTHER
PUBLIC BODIES

53. General authorisation.
54. Documents for inspection.

PART VIII

55.
56.
57.
58.

CONSUMER PROTECTION

Minimum information in e-commerce.
Minimum information regarding authentication products.
Right of rescission.
Unwanted communications.
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59.
60.
61.
62.
63.

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ARRANGEMENT OF SECTIONS—Continued
PART IXCONTRAVENTION AND ENFORCEMENT

False or misleading information.
Obstruction of an audit.
Breach of obligations of confidentiality.
Liability of directors and officers.
Penalties.
PART XMISCELLANEOUS

64. Duties of directors.
65. Jurisdiction of the Court.
66. Regulations.

SCHEDULE.

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ELECTRONIC TRANSACTIONS ACTAn Act to give legal effect to electronic documents, electronic 6 of 2011.
records, electronic signatures and electronictransactions.
*[ASSENTED TO 28TH APRIL 2011]
PART IPRELIMINARY

title and1. (1) This Act may be cited as the Electronic Shortcommencement.
[1/2012
Transactions Act.

*(2) Parts I, II, III and IV of this Act came into operation
on 6th January 2012.

8/2012].

Part VII of this Act came into operation on 18th January 2012.

Interpretation.
2. In this Act—[†4 of 2014].
“addressee”, in relation to a data message, means a person who
is intended by the originator to receive the data message but
does not include a person acting as an intermediary or
telecommunications service provider with respect to thatdata message;“computer-mediated networks” means the networks establishedby the logical or physical interconnection of multiple
information systems, whether belonging to the same or
multiple persons, facilitated by public or private
telecommunications networks;“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;“Court” means the High Court of Trinidad and Tobago;*See Section 1(2) for commencement dates of this Act. Also see Note on page 2.
†See Note on page 2.
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www.legalaffairs.gov.tt“data” means the content including but not limited to the text,
images or sound which make up a data message;“data message” means any document, correspondence,
memorandum, book, plans, map, drawing, diagram,pictorial or graphic work, photograph, audio or video
recording, machine-readable symbols generated, sent,
received or stored by any electronic means by or on behalfof the person it represents;“electronic” means being in digital or intangible forms with thecapability of creation, storage, transmission or receipt byelectronic, magnetic, wireless, optical, biometric or any
other similar means;“electronic agent” means a programme or other electronic or
automated means configured and enabled by a person that isused to initiate or respond to data messages or performancein whole or in part without review or intervention by aperson at the time of the initiation or response;“electronic authentication product” means a product designed
to identify the holder of an electronic signature toanother person;“Electronic Authentication Service Provider” means a person
who issues electronic authentication products and services
related thereto;“electronic record” means a record created, stored, generated,
received or communicated by electronic means;“electronic signature” means information in electronic form
affixed to, or logically associated with a data message
which may be used to—(a) identify the signatory in relation to that data
message; or(b) indicate the signatory’s approval of theinformation contained within that data message;“electronic transaction” includes the single communication oroutcome of multiple communications involved in the saleor purchase of goods and services conducted overcomputer-mediated networks or information systems,
where the goods and services may be ordered through such
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networks or systems but the payment and ultimate deliveryof the goods and services may occur without the use ofsuch networks or systems;“enterprise” means a partnership or body, whether corporate orunincorporated, engaged in business;“individual” means a natural person;“information” includes data, codes, computer programmes,
software and databases;“information system” means a device or combination of devices
including input and output devices capable of being used inconjunction with external files which contain computer
programmes, electronic instructions, input data and output
data that perform logic, arithmetic, data storage andretrieval, communication control and other functions but
does not include a calculator;“intermediary”, with respect to a data message, means a person
who on behalf of another person, sends, transports, receives
or stores that data message or provides other services withrespect to that data message including the provision ofcontent, e-mail, caching and hosting services;“Minister” means the Minister to whom responsibility for
Information and Communication Technology is assigned;“originator”, in relation to a data message, means a person bywhom or on whose behalf the data message purports to havebeen sent or generated prior to storage, but does not include
a person acting as an intermediary or telecommunications
service provider with respect to that data message;“products” includes services;“public body” means—(a) Parliament, a Joint Select Committee of
Parliament or a committee of either House of
Parliament;(b) the Court of Appeal, the High Court, theIndustrial Court, the Tax Appeal Board or any
Court of summary jurisdiction;(c) the Cabinet as constituted under theConstitution, a Ministry or Department, Ch. 1:01.
Division or Agency of a Ministry;
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Ch. 25:04.

Ch. 1:01.

Ch. 47:31.

Act binds theState.

No requirement
to accept or
issue document
or informationin electronic
form.

www.legalaffairs.gov.tt(d) the Tobago House of Assembly, the Executive
Council of the Tobago House of Assembly or adivision of the Tobago House of Assembly;(e) a municipal corporation established under theMunicipal Corporations Act;(f) a statutory body, responsibility for which is
assigned to a Minister of Government;(g) a company incorporated under the laws of
Trinidad and Tobago that is owned or controlled
by the State;(h) a Service Commission established under theConstitution or other written law; or(i) a body corporate or an unincorporated entity inrelation to any function that it exercises onbehalf of the State, or which is supported,
directly or indirectly by Government funds andover which Government is in a position to
exercise control;“record” means recorded information collected, created or
received in the initiation, conduct or completion of anactivity and that comprises sufficient content, context andstructure to provide evidence or proof of that activity ortransaction;“revenue” means all tolls, duties, fees, licences, taxes, imports,
royalties, rents, penalties, fines, forfeitures, dues and all otherreceipts of the State from whatever source arising, over which
Parliament has power of appropriation, including the proceedsof all loans raised;“signatory” means a person who may or may not hold a signaturecreation device and acts either on his or its own behalf or on
behalf of another person to create an electronic signature; and“telecommunications service provider” means a provider oftelecommunications services within the meaning of theTelecommunications Act.
3. This Act binds the State.

4. Notwithstanding section 3, nothing in this Act shall by
itself compel any public body to accept or issue any document or
information in the form of electronic records.
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and
5. This Act shall be construed consistently with what is Purposes
construction.
commercially reasonable under the circumstances and to giveeffect to the following purposes to:(a) facilitate electronic transactions;(b) facilitate electronic commerce, to eliminate
barriers to electronic commerce resulting fromuncertainties over writing and signature
requirements,
andtopromotethedevelopment of the legal and business
infrastructure necessary to implement secure
electronic commerce;(c) facilitate electronic filing of documents withpublic bodies, and to promote efficientdelivery by public bodies of services by meansof reliable electronic records;(d) help to establish uniformity of rules, regulations
and standards regarding the authentication andintegrity of electronic records; and(e) promote public confidence in the integrity andreliability of electronic records and electroniccommerce, and to foster the development ofelectronic commerce through the use ofelectronic signatures to lend authenticity andintegrity to correspondence in any electronic
medium.

6. Parts II, III and IV of this Act shall not apply to any written Inapplicabilityof Act.
law requiring writing, signatures or original documents for—(a) the making, execution or revocation of a will or
testamentary instrument;(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 ofattorney;(d) the production of documents relating toimmigration, citizenship or passport matters; or(e) the recognition or endorsement of negotiable
instruments.
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Voluntary useof electronictransactions.

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7. (1) This Act does not require a person who uses,
provides, accepts or retains—(a) documents;(b) records; or(c) information,

to use, provide, accept or retain these in electronic form.

(2) Notwithstanding subsection (1), with regard to parties
to a transaction, either party’s consent to use, provide, accept orretain documents, records or information in electronic form in thecourse of that transaction may be inferred by past conduct.
PART II

Legal
recognition ofelectronictransactions.

Writing.

Provision of
information.

REQUIREMENT FOR LEGAL RECOGNITION

8. Information or a record in electronic form or a data
message shall not be denied legal effect, admissibility or
enforceability solely on the grounds that it is—(a) rendered or made available in electronic form; or(b) not contained in the information, data message,or record in electronic form purporting to giverise to such legal effect but is referred to in that
information, data message or record.

9. The legal requirement that information, arecord or a data message be in writing, is satisfied where that
information, record or data message is presented in electronic
form, if the information, record or data message is accessible andcapable of retention for subsequent reference.

10. (1) The legal requirement that information, a record ora data message be provided or sent to a person may be met byproviding or sending the information, record or data message byelectronic means.

(2) For the purpose of this Act, information or a recordin electronic form or a data message is not provided or sent to aperson if it is merely made available for access by the person andis not capable of being retained.
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non11. Where a written law requires information, a record or a Specified
electronic form.
data message to be presented in a specified non-electronic form,
that requirement is satisfied if the information or record inelectronic form or the data message—(a) contains substantially the same information; and(b) is accessible and retainable so as to be usable
for subsequent reference.

12. (1) Where a written law requires information, a record Original form.
or a data message to be presented or retained in its original form,
that requirement is satisfied by the information, record or data
message being presented in electronic form if—(a) there exists a reliable assurance as to themaintenance of the integrity of the information
or record in electronic form or the data
message by the person who presented theinformation; and(b) it is to be presented to a person, the information
or record in electronic form or the data message
in electronic form is accessible and capable ofretention for subsequent reference.

(2) The criterion for assessing integrity undersubsection (1) shall be whether the information or record inelectronic form or a data message has remained complete andunaltered, apart from the introduction of any changes that arisein the normal course of communication, storage and display.

(3) Reliability under subsection (1) shall be
determined in light of all the circumstances, including the
purpose for which the information or record in electronic form or
the data message was created.

13. Where a written law requires that certain Retention of
information,
information, records or data messages be retained, that data messages
records inrequirement is satisfied by retaining the information, data orelectronic form.
messages or records in electronic form.

14. Information or record in electronic form or a data Whetheramessage is not capable of being retained if the person providing information,
data message orthe information, record or data message prevents or does a record iscapable ofbeing retained.

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Copies.

Electronicallysigned message
deemed to beoriginal
document.
Admissibility
and evidential
weight ofelectronic
records.

Electronic
notarisation.

anything to hinder its printing, audio or video playback orstorage by the recipient.

15. Where information, a record or a data message isprovided in electronic form, a requirement under any written law
for one or more copies of the information, record or data message
to be provided to a single addressee at the same time is satisfied
by providing a single copy in electronic form.
16. A copy of a data message containing an electronic
signature shall be as valid, enforceable and effective as a
document, record or other communication containing a nonelectronic signature.
17. Information or record in electronic form or a data
message will not be deemed inadmissible as evidence—(a) solely on the ground that it is in electronic form; or(b) on the ground that it is not in the original nonelectronic form, if it is the best evidence.

18. Where information or a signature, document or record isrequired by a statutory provision or rule of law, or by contract ordeed to be notarised, acknowledged or verified, the requirement
shall be satisfied if, in relation to an electronic signature,electronic document or electronic record, the electronic signatureof the person authorised to perform those acts, together with allother information required to be included by other applicablelaw, is attached to or logically associated with the electronic
signature, electronic document or electronic record to benotarized, acknowledged or verified.
PART III

Formation andvalidity ofcontracts.

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CONTRACT FORMATION AND DEFAULT PROVISION

19. In the context of contract formation—(a) an offer or the acceptance of an offer or any
other matter that is material in the operation orformation of a contract may be expressed bymeans of information or record in electronic
form or a data message; andUNOFFICIAL VERSIONUPDATED TO 31ST DECEMBER 2016

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www.legalaffairs.gov.tt(b) the fact that a transaction is conducted inelectronic form or that information or a recordof the negotiation or formation of a contract isin electronic form does not affect its legal
effect, validity or enforceability.

20. Unless parties agree otherwise, an offer or the acceptance Electronic
expression ofof an offer or any other matter that is material to the operation or offer andformation of a contract may be expressed by means of information, acceptance.
a data message or a record in electronic form, including by anactivity in electronic form such as touching or clicking on an
appropriately designated icon or place on the computer screen orotherwise communicating electronically in a manner that is
intended to express the offer, acceptance or other matter.
21. A contract formed through the interaction of an Use ofelectronic
electronic agent and a person or by the interaction of electronic agents foragents shall not be denied legal validity and enforceability solely contract
formation.
on the ground that no person reviewed or intervened in each of
the individual actions carried out by the electronic agent.

that
22. (1) A contract concluded or a transaction undertaken in Error
occurs while
an electronic environment through the interaction of a person and dealing with anelectronic
an electronic agent of another person is void where—
agent.
(a) the first referred person made a material error in
the information or data message;(b) the electronic agent of the second referredperson did not provide an opportunity toprevent or correct the error;(c) on becoming aware of the error, the firstreferred person notifies the second referredperson of the error;(d) the second referred person has taken no
reasonable steps to correct the error; and(e) the first referred person has not received or used
any material benefit or value from the second
referred person.

(2) Subsection (1) shall not apply to electronic
auctions.
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Attribution ofdata messages
or records.
Time ofsending of data
message.

Time of receipt
of datamessage.

Place ofsending andreceipt of data
message.

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23. A data message or record in electronic form is attributed
to a particular person if it resulted from an action of that personor through an agent or electronic agent of that person.
24. Unless the originator and addressee agree otherwise,
information in electronic form or a data message is sent—(a) when it leaves the information system under thecontrol of the originator; or(b) in the case where the originator and theaddressee are in the same information system,
when the information in electronic form or data
message becomes capable of being retrieved
and processed by the addressee.

25. (1) Unless the originator and addressee agree
otherwise, if information in electronic form or a data message iscapable of being retrieved by an addressee, it is deemed to bereceived by the addressee—(a) when it enters an information system designatedor used by the addressee for the purpose ofreceiving information in electronic form or data
messages of the type sent; or(b) upon the addressee becoming aware of theinformation in electronic form or data message
in the addressee’s information system, if theaddressee has not designated or does not use an
information system for the purpose of receiving
information in electronic form or data messagesof the type sent.

(2) Subsection (1) shall apply notwithstanding the factthat the place where the information system supporting anelectronic address is located may be different from the place
where information in electronic form or the data message isdeemed to be received under section 26.

26. Unless the originator and addressee agree
otherwise, a data message is deemed to be sent from theoriginator’s place of business and to be received at theaddressee’s place of business.
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of
27. (1) Subject to subsection (2) and unless the Placebusiness.
originator and addressee of a data message agree otherwise, theplace of business of either party is deemed to be—(a) the place of business that has the closest
relationship to the underlying electronictransaction if a party has more than one place ofbusiness; or(b) if there is no underlying electronic transaction,
the principal place of business of the originatoror addressee of the communication.

(2) A location is not a place of business merely becausethat location is—(a) where equipment and technology supporting an
information system used by a party inconnection with the formation of a contract arelocated; or(b) where the information system may be accessedby other parties.

(3) The sole fact that a party makes use of a domainname or an electronic mail address connected to a specificcountry does not create a presumption that its place of businessis located in that country.

28. If the originator or addressee of a data message has no Habitualresidence.
place of business, then the habitual residence of the originator oraddressee is the relevant criterion for the place of sending andreceipt of the data message.
PART IV

ELECTRONIC SIGNATURE

29. Parties to an electronic transaction may agree to the use Electronic
signature.
of a particular method or form of electronic signature, unlessotherwise provided by written law.

30. Where a written law requires the signature of a person, Minimum
standards forthat requirement is met in relation to an electronic record or data legally required
message by the use of an electronic signature that meets the signatures.
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Reliability andintegrity ofelectronic
signatures.

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minimum standards of reliability and integrity or conforms withthe standard which the parties have agreed to by contract.
31. (1) The criteria that shall be used to determine thereliability and integrity of an electronic signature include whether—(a) the authentication technology uniquely links theuser to the signature;(b) the signature is capable of identifying the user;(c) the signature is created using a means that canbe maintained under the sole control of the user;(d) the signature will be linked to the information towhich it relates in such a manner that any
subsequent change in the information isdetectable; and(e) such other criteria as may be prescribed byRegulations.

(2) Information or a record in electronic form or a data
message that is signed with an electronic signature that meets thereliability criteria set out in subsection (1) is deemed to beunaltered since the time of its signing.

Schedule.

Electronic
signatureassociated withan accredited
electronic
authentication
product.

(3) The electronic authentication products referred to in
the Schedule are the products which can be used to validate anelectronic signature under subsection (1).
(4) The Minister may by Order amend the Schedule.

32. An electronic signature that is associated with anelectronic authentication product issued by an Electronic
Authentication Service Provider accredited under Part V(hereinafter referred to as a “qualified electronic authentication
product”), is deemed to satisfy the requirements set out insection 31 for reliability and integrity.
PART V

Registration ofElectronic
Authentication
Service
Provider.

ELECTRONIC AUTHENTICATION SERVICE PROVIDERS

33. (1) No person shall issue a qualified electronic
authentication product to the public unless he is registered as anaccredited Electronic Authentication Service Provider by an
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authority as designated by the Minister by Order (hereinafterreferred to as “the designated authority”) and has provided theinformation prescribed under this Act.
(2) A person
commits an offence.

who

contravenes

subsection(1)(3) An Order under subsection (1) shall prescribe—(a) the powers and functions of the designatedauthority; and(b) any other matter relating to the designatedauthority which the Minister deems necessary
for the purposes of this Part.

34. (1) A person wishing to be registered as an accredited Application forregistration.
Electronic Authentication Service Provider (hereinafter referred
to as “the applicant”) shall apply to the designated authority inthe manner prescribed and pay the prescribed fee.
(2) The application under subsection (1) shall include ata minimum the following information:(a) the name and business address of the person; and(b) proof of accreditation of its operations.

(3) Where an applicant has valid prior accreditationfrom another recognised jurisdiction, proof of accreditation shallbe information relating to—(a) the name and address of the accreditation
authority;(b) the period of validity of the accreditation; and(c) any other information required by Regulations
as may be prescribed.

(4) Where an applicant has no valid prioraccreditation, he shall indicate same to the designated authority
who shall require the applicant to submit to an audit of his
operations and systems to ensure compliance with therequirements of section 35 and any other standards which the
Minister may prescribe by Regulations.
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Requirements
for anElectronic
Authentication
Service
Provider thatissues qualified
electronic
authentication
products.

www.legalaffairs.gov.tt(5) Where the designated authority is satisfied that theapplicant has met the requirements of this Act the designatedauthority may issue a notice of accreditation to the applicant.

(6) The Minister may make Regulations specifying theprocedures for registration and accreditation.

35. An Electronic Authentication Service Provider that issues
qualified electronic authentication products to the public shallconduct his or its operations in a reliable manner and shall—(a) employ personnel who possess the expert
knowledge and experience required for these
operations, especially with regard to
management,
technology,
electronic
authentication and security procedures;(b) apply such administrative and management
routines that conform to recognised standards;(c) use trustworthy systems and products that areprotected against modification and that ensuretechnical and cryptographic security;(d) maintain sufficient financial resources to conduct
his or its operations in accordance with theserequirements and any other provisions set forth in
the Act and bear the risk of liability for damages;(e) have secure routines to verify the identity of
those signatories to whom qualified electronic
authentication products are issued;(f) maintain a prompt and secure system forregistration and immediate revocation of aqualified electronic authentication product;(g) take measures against forgery of a qualified
electronic authentication product and, whereapplicable, guarantee full confidentiality during
the process of generating signature creation data;(h) comply with section 56; and(i) comply with any other requirements establishedby the Minister by Order.
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36. (1) Where the designated authority is satisfied that an Grant ofregistration.
applicant has valid prior accreditation and has met therequirements of section 34, the designated authority may grant
the registration.
(2) Where the designated authority is satisfied that an
applicant who has no valid prior accreditation has met therequirements of sections 34 and 35, the designated authority may
issue a notice of accreditation to that applicant, and grant theregistration.

37. The Minister may by Order recognise a qualified Recognition ofqualifiedelectronic authentication product or classes of qualified theexternal
electronic authentication products issued by Electronic electronic
authentication
Authentication Service Providers or classes of Electronic products.
Authentication Service Providers established in any otherjurisdiction, as qualified electronic authentication products in
Trinidad and Tobago.
38. The designated authority shall maintain a public registry Registry ofof accredited Electronic Authentication Service Providers that Electronic
Authentication
Serviceincludes the information required by the Minister by Order.
Providers.
39. A registered Electronic Authentication Service Provider Updatedofthat issues qualified electronic authentication products shall notification
compliance.
annually provide the designated authority with an updated
notification of compliance with the requirements of section 35
and pay the prescribed fee.

40. (1) The designated authority may conduct an audit to Audit by theverify that the Electronic Authentication Service Provider has Minister.
been or remains in compliance with the requirements of this Act.
(2) In the performance of an audit, the designated authority
may employ whatever experts it considers may be required.

41. An Electronic Authentication Service Provider shall co- Responsibility
co-operate
operate with and offer all reasonable assistance to the designated towith an audit.
authority while conducting an audit and shall make available
information necessary to satisfy the designated authority
regarding compliance with the requirements of this Act.
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Confidentiality.

Power of thedesignatedauthority todeal with
failure to meetrequirements.

Pseudonyms.

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42. Notwithstanding any law to the contrary, no person who
performs or has performed duties or functions in theadministration or enforcement of this Act, including performing
an audit pursuant to section 40, shall communicate or allow to becommunicated information obtained in the course of
performance of duties or functions under the Act to any otherperson except—(a) to law enforcement authorities of the Republicof Trinidad and Tobago on the basis of awarrant; or(b) by Order of the Court.
43. Where the designated authority is satisfied that an
Electronic Authentication Service Provider no longer meets therequirements to issue qualified electronic authentication
products, he may—(a) cancel the accreditation of the Electronic
Authentication Service Provider;(b) order the Electronic Authentication Service
Provider to cease any or all of its activities,
including the provision of qualified electronic
authentication products;(c) order the Electronic Authentication Service
Provider to be removed from the registry;(d) take any action that he deems reasonable toensure that the Electronic Authentication
Service Provider is in compliance with therequirements set out in section 35; or(e) make any other order that the designatedauthority
deems
reasonableinthecircumstances including, but not limited toreimbursement of fees and charges to users of
the services of the Electronic Authentication
Service Provider or public notification of
cessation of business.
44. An Electronic Authentication Service Provider may, atthe request of a particular signatory, indicate in the relevant
electronic authentication product a pseudonym instead of thesignatory’s name.
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45. An Electronic Authentication Service Provider shall Additional
responsibilities
ensure the operation of a prompt and secure directory of holders of an Electronicof electronic authentication products and secure an immediate Authentication
Servicerevocation service that makes it possible to ascertain—
Provider.
(a) whether a qualified electronic authentication
product was revoked;(b) the validity period of the qualified electronic
authentication product; or(c) whether the qualified electronic authentication
product contains any limitations on the scope orvalue of the electronic transactions for which
the signature can be used.

46. (1) An Electronic Authentication Service Provider shall Immediateupon
revoke an electronic authentication product immediately upon revocation
request.
the receipt of a request to do so by the signatory or if otherwise
warranted in the circumstances.
(2) An Electronic Authentication Service Provider shallensure that the date and time when an electronic authentication
product is revoked can be determined precisely.

47. (1) An Electronic Authentication Service Provider Liability of
issuing a qualified electronic authentication product to the public Electronic
Authentication
is prima facie liable for any damages or loss caused to anyone Service
Providerrelying on the qualified electronic authentication product due to— issuing a(a) the Electronic Authentication Service Provider qualified
electronic
not continuing to meet the requirements set authentication
product.
forth in section 31 or 35 at the time of theissuance of the qualified electronic
authentication product; or(b) the qualified electronic authentication product,when issued, having contained incorrect
information.

(2) This section also applies to an Electronic
Authentication Service Provider who guarantees that the electronic
authentication product of another service provider is qualified.

48. (1) An Electronic Authentication Service Provider Release fromliability.
issuing a qualified electronic authentication product may be
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exempted from liability if the provider can show that the injury
or loss was not caused by its own negligence.

(2) The Electronic Authentication Service Provider isalso not liable for damages for an injury or loss arising from theuse of a qualified electronic authentication product in violationof any limitations of use or scope of transaction clearly stated in
the qualified electronic authentication product.

Costs of audit.

(3) This section also applies to an Electronic
Authentication Service Provider who guarantees that the electronic
authentication product of another service provider is qualified.
49. The designated authority may require an Electronic
Authentication Service Provider to pay the costs reasonably
incurred in the performance of an audit pursuant to section 40.
PART VI

Liability ofintermediaries
andtelecommunications service
providers.

INTERMEDIARIES AND TELECOMMUNICATIONSSERVICE PROVIDERS

50. (1) An intermediary or telecommunications service
provider who merely provides a conduit for the transmission ofdata messages, records or information in electronic form shallnot be liable for the content of data messages, records orinformation in electronic form if the intermediary or
telecommunications service provider has no actual knowledge oris not aware of facts that would to a reasonable person, indicate
a likelihood of criminal liability or liability for a tort in respectof material on the network of an intermediary or
telecommunications service provider or who, upon acquiring
actual knowledge or becoming aware of such facts, follows theprocedures required by section 51.

(2) Nothing in this section relieves an intermediary or
telecommunications service provider from complying with any
Court order, injunction, writ, regulatory requirement orcontractual obligation in respect of data messages, records orinformation in electronic form.
(3) An intermediary or telecommunications service
provider shall not be required to monitor any data message
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processed by means of its system in order to ascertain whether its
processing would, apart from this section, constitute or give riseto an offence or give rise to civil liability.

(4) An intermediary or a telecommunications
service provider, during an audit, shall not be liable under the
Ch. 82:80.
Copyright Act in respect of—(a) the infringement of copyright in any work orother subject matter in which copyright subsist; or(b) the unauthorised use of any public performance,
the duration of which the copyright period has
not expired.

(5) For the purposes of this section, “public
performance” has the same meaning as in the Copyright Act.

for51. (1) If an intermediary or telecommunications service Procedure
dealing with
provider has actual knowledge that the information in a data unlawful,
defamatory,
message or an electronic record gives rise to civil or criminal etc.,
liability then, as soon as is practicable after acquiring such information.
knowledge, the intermediary or telecommunications service
provider shall—(a) remove and secure the information from any
information system within the control of theintermediary or telecommunications service
provider and cease to provide or offer toprovide services in respect of that information
or take any other action authorised by written
law or in accordance with the established codeof conduct; and(b) in the case of criminal liability, notify theappropriate law enforcement authority of therelevant facts and of the identity of the person forwhom the intermediary or telecommunications
service provider was supplying services inrespect of the information, if the identity of that
person is known to the intermediary or
telecommunications service provider.
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Codes ofconduct andservicestandards forintermediaries
andtelecommunications service
providers.

www.legalaffairs.gov.tt(2) An intermediary or telecommunications service
provider is not liable, whether in contract, tort, under statute orotherwise, to any person, including any person on whose behalf
the intermediary or telecommunications service provider
provides services, in respect of information in a data message oran electronic record, for any action the intermediary or
telecommunications service provider takes, in good faith, in
exercise of the powers conferred by, this section.
(3) Any person who lodges a notification of unlawful
activity with an intermediary or telecommunications service
provider, knowing that it materially misrepresents the facts,
commits an offence and is liable for damages for wrongful
removal of the information in a data message or electronic record
under subsection (1).
52. (1) The Minister may develop codes of conduct andstandards for intermediaries and telecommunications service
providers for the purposes of this Act.

(2) Where the Minister has developed a code of
conduct or service standards for intermediaries andtelecommunications service providers, the intermediaries andtelecommunications service providers shall comply with thecode of conduct or service standards.
(3) Compliance with relevant codes of conduct andservice standards may be taken into account by the Courts indetermining liability.
PART VII

Generalauthorisation.
*[4 of 2014].

GOVERNMENT AND OTHER PUBLIC BODIES

53. (1) A public body 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
be provided or retained in their original form;(d) issues any permit, licence or approval; or(e) collects revenue or makes payments; and*See Note on page 2.

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www.legalaffairs.gov.tt(f) makes or receives payments in electronic formor by electronic means,may, notwithstanding anything to the contrary in such writtenlaw, carry out those functions by electronic means.

(2) Where a public body decides to perform any of thefunctions in subsection (1) by electronic means, the public bodymay specify—(a) the manner and format in which such
documents, records or information in electronic
form shall be filed, created, retained, issued orprovided;(b) the manner and format in which such signatureshall be affixed to the documents, record or
information in electronic form, and the identityof or criteria that shall be met by any Electronic
Authentication Service Provider used by the
person filing the document;(c) such control processes and procedures as may
be appropriate to ensure adequate integrity,
security and confidentiality of documents,
record or information in electronic form; or(d) any other required attributes for documents,
record or information in electronic form thatare currently specified for corresponding
paper documents.

(3) Where a document, record or information inelectronic form under subsection (2) is required to be signed, theMinister may by Regulations specify the type of signature
required, including, where applicable, the requirement that thesender use a particular type of encrypted electronic signature.
(4) 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 isrequired by any written law to—(a) file any document with or provide informationin any form to a public body;
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MINISTRY OF THE ATTORNEY GENERAL AND LEGAL AFFAIRSDocuments forinspection.

www.legalaffairs.gov.tt(b) create or retain any document for a public body;(c) use a prescribed form for an application or
notification to, or other transaction with, apublic body;(d) provide to or retain for a public body any
document, record or information in its original
form; or(e) hold a licence, permit or other approval from apublic body,such a requirement is satisfied by a document, record or
information in electronic form specified by the public body forthat purpose.
54. Where documents, records or information are requiredby any written law to be made available for inspection, that
requirement is met by making such documents, records orinformation available for inspection in electronic form.
PART VIII

Minimum
information in
e-commerce.

CONSUMER PROTECTION

55. (1) A person using electronic means to sell goods orservices 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 ofcontact or telephone number;(b) prompt, easy and effective consumer
communication with the seller; and(c) service of legal process.

(2) A person using electronic means to sell goods orservices to consumers shall provide accurate and accessible
information describing the goods or services offered, sufficient toenable consumers to make an informed decision about the proposedtransaction and to maintain an adequate record of the information.

(3) A person using electronic means to sell goods orservices to consumers shall, before the conclusion of the electronic
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contract based on such transaction, provide the following
information to consumers in respect of such electronic contract:(a) the terms, conditions and methods of payment;(b) the details of, and conditions and policies
related to, privacy, withdrawal, termination,
return, exchange, cancellation and refunds;(c) the arrangements for delivery or performance; and(d) a copy of the contract for the consumer in aformat that can be retained.

56. Before entering into an electronic contract requiring the Minimum
issuance of a qualified electronic authentication product, an information
regardingElectronic Authentication Service Provider shall inform the authentication
products.
party seeking the electronic authentication product in writing of
the following:(a) the terms and conditions concerning the use of
the electronic authentication product, including
any limitations on its scope or amounts;(b) any requirements concerning storage andprotection of the signature-creation data by thesignatory;(c) the cost of obtaining and using the electronic
authentication product and of using the otherservices of the Electronic Authentication
Service Provider;(d) whether the Electronic Authentication Service
Provider is accredited; and(e) procedures for settlement of complaints.

57. A consumer who is not provided with the Right ofrescission.
information required by sections 55 and 56 has the right torescind the contract within thirty calendar days provided
that the consumer has not received any material benefit
from the transaction.

58. (1) Any person who sends unsolicited commercial Unwanted
communications through electronic media to consumers in communications.
Trinidad and Tobago or knowingly uses an intermediary or atelecommunications service provider in Trinidad and Tobago to
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send, or who has a place of business in Trinidad and Tobago andsends unsolicited electronic correspondence to consumers, shallprovide the consumer with a clearly specified and easily
activated option to opt out of receiving future communications.
(2) A person
commits an offence.

False ormisleading
information.

Obstruction of
an audit.

Breach ofobligations ofconfidentiality.
Liability of
directors andofficers.

Penalties.

www.legalaffairs.gov.tt

whocontravenes

subsection(1)

PART IXCONTRAVENTION AND ENFORCEMENT

59. A person who—(a) files information required under this Act that
contains false or misleading information; or(b) provides a consumer or a user of an electronic
authentication product with false or misleading
information,commits an offence.

60. A person who, with respect to an audit carried out
pursuant to section 40—(a) knowingly makes any false or misleadingstatement, either orally or in writing to persons
carrying out the audit; or(b) otherwise obstructs or hinders the persons
carrying out the audit in the conduct of theirduties and functions,commits an offence.

61. A person who breaches the confidentiality
obligations established by section 42 commits an offence.

62. Where a body corporate commits an offence under thisAct, any officer, director or agent of the body corporate who
directed, authorised, assented to or participated in thecommission of the offence is a party to and commits an offence
and is liable to the punishment provided for the offence.
63. (1) A person who commits an offence under this Act for
which no penalty is provided is liable upon—(a) summary conviction to a fine of two hundred
thousand dollars or to imprisonment for a termof three years; or
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www.legalaffairs.gov.tt(b) conviction on indictment to a fine of two
hundred and fifty thousand dollars or to
imprisonment for a term of five years.

(2) Where the offence under this Act is committed by abody corporate for which no penalty is provided, the body
corporate shall be liable upon—(a) summary conviction to a fine of two hundredand fifty thousand dollars; or(b) conviction on indictment to a fine of five
hundred thousand dollars.

(3) Where a body corporate contravenes any of theprovisions of this Act, the Court may, in addition to any penalty it
may impose for a criminal offence, impose a fine not exceedingten per cent of the annual turnover of the body corporate.
(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 effectif continuing;(d) the number and seriousness of any othercontraventions, if any, committed by theenterprise; and(e) any other matter the Court may consider
appropriate in the circumstances.
PART XMISCELLANEOUS

64. Every director and officer of a body corporate shall take all Duties of
directors.
reasonable care to ensure that the body corporate complies with—(a) this Act and the Regulations made under thisAct; andUNOFFICIAL VERSIONUPDATED TO 31ST DECEMBER 2016

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Jurisdiction of
the Court.

Regulations.

www.legalaffairs.gov.tt(b) any Orders imposed by the Minister or his
delegate.

65. The Court shall have jurisdiction to hear anddetermine—(a) applications for any Order which the Court
considers appropriate to facilitate theenforcement of any provisions of this Act; or(b) upon an application pursuant to this Act, cases
involving any contravention of the provisions of
this Act,and make such appropriate Orders in relation thereto.

66. (1) The Minister may make Regulations for the purposeof giving effect to this Act.
(2) Notwithstanding the generality of the foregoing, theMinister may make Regulations with respect to any matter that isrequired to be prescribed under this Act.

(3) Regulations made under this section shall be subject
to negative resolution of Parliament.

Section 31.

SCHEDULEELECTRONIC AUTHENTICATION PRODUCTS USED TO VALIDATEELECTRONIC SIGNATURES

Electronic certificates.

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