参考資料３－２

THE STATUTES OF THE REPUBLIC OF SINGAPORE

ELECTRONIC TRANSACTIONS ACT(CHAPTER 88)(Original Enactment: Act 16 of 2010)

REVISED EDITION 2011

(31st December 2011)

Prepared and Published by
THE LAW REVISION COMMISSIONUNDER THE AUTHORITY OF
THE REVISED EDITION OF THE LAWS ACT (CHAPTER 275)

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CHAPTER 88

Electronic Transactions Act
ARRANGEMENT OF SECTIONSPART IPRELIMINARY
Section
1.
2.
3.
4.
5.

Short title
Interpretation
Purposes and construction
Excluded matters
Party autonomy
PART II
ELECTRONIC RECORDS,
SIGNATURES AND CONTRACTS

6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.

Legal recognition of electronic records
Requirement for writing
Requirement for signature
Retention of electronic records
Provision of originals
Formation and validity of contracts
Effectiveness between parties
Time and place of despatch and receipt
Invitation to make offer
Use of automated message systems for contract formation
Error in electronic communications
PART IIAELECTRONIC TRANSFERABLE RECORDS
Division 1 — General provisions

16A.
16B.
16C.
16D.

Interpretation of this Part
Adoption of Model Law
Additional information in electronic transferable records
Requirement of consent
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Division 2 — Provisions on functional equivalence
Section
16E.
16F.
16G.
16H.
16I.

Legal recognition of electronic transferable record
Requirement for writing
Requirement for signature
Transferable documents or instruments
Requirement for possession or transfer of possession
Division 3 — Use of electronic transferable record

16J.
16K.
16L.
16M.
16N.

Indication of time and place in electronic transferable record
Indorsement
Amendment
Change of medium from transferable document or instrument toelectronic transferable record
Change of medium from electronic transferable record totransferable document or instrument
Division 4 — General reliability standard

16O.

General reliability standard
Division 5 — Cross-border recognition ofelectronic transferable record

16P.

Non-discrimination of foreign electronic transferable records
Division 6 — Accreditation, etc., of provider of electronictransferable records management system

16Q.
16R.
16S.

Regulations
Controller may give directions for compliancePower to investigate
PART III
SECURE ELECTRONIC RECORDS AND SIGNATURES

17.
18.
19.

Secure electronic record
Secure electronic signature
Presumptions relating to secure electronic records andsignatures

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PART IVREGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIEDSECURITY PROCEDURE PROVIDERS
Section
20.
21.
22.
23.
24.

Interpretation of this Part
Specified security procedures
Regulation of specified security procedures and specified
security procedure providers
Controller may give directions for compliancePower to investigate
PART VUSE OF ELECTRONIC RECORDS
AND SIGNATURES BY PUBLIC AGENCIES

25.

Acceptance of electronic filing and issue of documents
PART VI
LIABILITY OF NETWORK SERVICE PROVIDERS

26.

Liability of network service providers
PART VII
GENERAL

27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.

Appointment of Controller and other officers
Obligation of confidentiality
Access to computers and data
Production of documents, etc.
Obstruction of Controller or authorised officer
Offences by bodies corporate, etc.
General penalties
Consent of Public Prosecutor
Jurisdiction of court
Composition of offences
Power to exempt
Regulations
Transitional provisions
First Schedule — Matters excluded by section 4
Second Schedule — Specified security procedures
Third Schedule — Digital signatures
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SectionFourth Schedule — Designated persons

An Act to provide for the security and use of electronic transactions,to implement the United Nations Convention on the Use of
Electronic Communications in International Contracts adopted by
the General Assembly of the United Nations on 23rd November
2005, to adopt the UNCITRAL Model Law on Electronic
Transferable Records adopted by the United Nations Commission
on International Trade Law on 13 July 2017 and to provide formatters connected therewith.
[Act 5 of 2021 wef 19/03/2021][1st July 2010]
PART IPRELIMINARY
Short title
1. This Act may be cited as the Electronic Transactions Act.
Interpretation
2.—(1) In this Act, unless the context otherwise requires —“addressee”, in relation to an electronic communication, meansa party who is intended by the originator to receive theelectronic communication, but does not include a party acting
as an intermediary with respect to that electronic
communication;“authorised officer”, in relation to the exercise of any power or
performance of any duty under this Act, means a person towhom the exercise of that power or performance of that duty
has been delegated under section 27;“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 in whole or inpart, without review or intervention by a natural person each
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time an action is initiated or a response is generated by the
program or electronic or other means;“communication” includes any statement, declaration, demand,
notice, request, offer or the acceptance of an offer, that theparties are required to make or choose to make in connection
with the formation or performance of a contract;“Controller” means the Controller appointed under section 27(1)and includes a Deputy or an Assistant Controller appointed
under section 27(3);“electronic” means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic orsimilar capabilities;“electronic communication” means any communication that theparties make by means of electronic records;“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 transferable record” has the meaning given by
section 16A;
[Act 5 of 2021 wef 19/03/2021]“information” includes data, text, images, sound, codes,
computer programs, software and databases;“information system” means a system for generating, sending,receiving, storing or otherwise processing electronic records;“originator”, in relation to an electronic communication, meansa party 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;“public agency” means a department or ministry of theGovernment, an Organ of State or a public authority
established by or under a public Act;

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CAP. 886“record” means information that is inscribed, stored orotherwise fixed on a tangible medium or that is stored inan electronic or other medium and is retrievable inperceivable form;“rule of law” includes written law;“secure electronic record” means an electronic record that istreated as a secure electronic record by virtue of section 17(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 18 or any other provision of this Act;“security procedure” means a procedure for the purpose of —(a) verifying that an electronic record is that of a specificperson; or(b) detecting error or alteration in the communication,
content or storage of an electronic record since a
specific point in time,
which may require the use of algorithms or codes, identifying
words or numbers, encryption, answerback or
acknowledgment procedures, or similar security devices;“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 in the Second Schedule;“specified security procedure provider” means a person
involved in the provision of a specified security procedure.
(2) In this Act, “place of business”, in relation to a party, means —(a) any place where the party maintains a non-transitory
establishment to pursue an economic activity other than thetemporary provision of goods or services out of a specificlocation; orInformal Consolidation – version in force from 19/3/2021

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(b) if the party is a natural person and he does not have a placeof business, the person’s habitual residence.
(3) For the purposes of subsection (2) —(a) if a party has indicated his place of business, the location
indicated by him is presumed to be his place of business
unless another party proves that the party making theindication does not have a place of business at thatlocation;(b) if a party has not indicated a place of business and has morethan one place of business, then the place of business is thatwhich has the closest relationship to the relevant contract,
having regard to the circumstances known to orcontemplated by the parties at any time before or at theconclusion of the contract;(c) a location is not a place of business merely because thatlocation is —(i) where equipment and technology supporting an
information system used by a party in connection
with the formation of a contract, or the creation or
use of electronic transferable records, are located; or[Act 5 of 2021 wef 19/03/2021](ii) where the information system may be accessed byother parties; and(d) the sole fact that a party makes use of a domain name, anelectronic mail address or other electronic address, or otherelements of an information system connected to a specificcountry does not create a presumption that its place ofbusiness is located in that country.
[Act 5 of 2021 wef 19/03/2021](4) Where an electronic communication does not relate to any
contract, references to a contract in subsection (3) shall refer to therelevant transaction.

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Purposes and construction
3. This Act shall be construed consistently with what iscommercially reasonable under the circumstances and to giveeffect to the following purposes:(a) to facilitate electronic communications by means ofreliable electronic records;(b) to facilitate electronic commerce, to eliminate barriers toelectronic commerce resulting from uncertainties overwriting and signature requirements, and to promote thedevelopment of the legal and business infrastructurenecessary to implement secure electronic commerce;(c) to facilitate electronic filing of documents with publicagencies, and to promote efficient delivery by publicagencies of services by means of reliable electronic
records;(d) to minimise the incidence of forged electronic records,
intentional and unintentional alteration of records, andfraud in electronic commerce and other electronictransactions;(e) to help to establish uniformity of rules, regulations andstandards regarding the authentication and integrity ofelectronic records;(f) to promote public confidence in the integrity and reliabilityof electronic records and electronic commerce, and tofoster the development of electronic commerce through theuse of electronic signatures to lend authenticity andintegrity to correspondence in any electronic medium;[Act 5 of 2021 wef 19/03/2021](g) to implement the United Nations Convention on the Use of
Electronic Communications in International Contracts
adopted by the General Assembly of the United Nations
on 23rd November 2005 and to make the law of Singapore
on electronic transactions, whether or not involving parties

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whose places of business are in different States, consistent
with the provisions of that Convention;[Act 5 of 2021 wef 19/03/2021](h) to adopt the UNCITRAL Model Law on Electronic
Transferable Records adopted by the United Nations
Commission on International Trade Law on 13 July 2017
in its application to an electronic transferable record,
whether the electronic transferable record is issued or usedin Singapore or outside Singapore.
[Act 5 of 2021 wef 19/03/2021]

Excluded matters4.—(1) The provisions of this Act specified in the first column of
the First Schedule shall not apply to any rule of law requiring writingor signatures in any of the matters specified in the second column ofthat Schedule.
(2) The Minister may, by order published in the Gazette, amend theFirst Schedule.
Party autonomy
5.—(1) Nothing in Part II shall affect any rule of law or obligation
requiring the agreement or consent of the parties as to the form of acommunication or record, and (unless otherwise agreed or provided
by a rule of law) such agreement or consent may be inferred from theconduct of the parties.
(2) Nothing in Part II shall prevent the parties to a contract ortransaction from —(a) excluding the use of electronic records, electronic
communications or electronic signatures in the contract
or transaction by agreement; or(b) imposing additional requirements as to the form orauthentication of the contract or transaction by agreement.
(3) Subject to any other rights or obligations of the parties to acontract or transaction, the parties may, by agreement —(a) exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to
the contract or transaction; orInformal Consolidation – version in force from 19/3/2021

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CAP. 8810(b) derogate from or vary the effect of all or any of those
provisions in respect of the contract or transaction.
PART II
ELECTRONIC RECORDS,
SIGNATURES AND CONTRACTS
Legal recognition of electronic records
6. For the avoidance of doubt, it is declared that information shallnot be denied legal effect, validity or enforceability solely on the
ground that it is in the form of an electronic record.
Requirement for writing
7. Where a rule of law requires information to be written, in writing,to be presented in writing or provides for certain consequences if it isnot, an electronic record satisfies that rule of law if the information
contained therein is accessible so as to be usable for subsequent
reference.
Requirement for signature
8. Where a rule of law requires a signature, or provides for certain
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 indicate that
person’s intention in respect of the information containedin the electronic record; and(b) the method used is either —(i) as reliable as appropriate for the purpose for which
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.

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Retention of electronic records
9.—(1) Where a rule of law requires any document, record or
information to be retained, or provides for certain consequences if it
is not, that requirement is satisfied by retaining the document, record
or information in the form of an electronic record if the following
conditions are satisfied:(a) the information contained therein remains accessible so as
to be usable for subsequent reference;(b) the electronic record is retained in the format in which it
was originally generated, sent or received, or in a format
which can be demonstrated to represent accurately the
information originally generated, sent or received;(c) such information, if any, as enables the identification of theorigin and destination of an electronic record and the date
and time when it was sent or received, is retained; and(d) any additional requirements relating to the retention ofsuch electronic records specified by the public agency
which has supervision over the requirement for theretention of such records are complied with.
(2) An obligation to retain any document, record or information inaccordance with subsection (1)(c) shall not extend to any informationnecessarily and automatically generated solely for the purpose of
enabling a record to be sent or received.
(3) A person may satisfy the requirement referred to in
subsection (1) by using the services of any other person, if theconditions in paragraphs (a) to (d) of that subsection are complied
with.
(4) Nothing in this section shall apply to —(a) any rule of law which expressly provides for the retentionof documents, records or information in the form ofelectronic records; or(b) any rule of law requiring that any document, record or
information be retained (or which provides forconsequences if not) that the Minister, by order
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published in the Gazette, excludes from the application ofthis section in respect of such document, record or
information.
Provision of originals
10.—(1) Where a rule of law requires any document, record or
information to be provided or retained in its original form, or provides
for certain consequences if it is not, that requirement is satisfied byproviding or retaining the document, record or information in theform of an electronic record if the following conditions are satisfied:(a) there exists a reliable assurance as to the integrity of theinformation contained in the electronic record from thetime the document, record or information was first made inits final form, whether as a document in writing or as anelectronic record;(b) where the document, record or information is to beprovided to a person, the electronic record that isprovided to the person is capable of being displayed tothe person; and(c) any additional requirements relating to the provision or
retention of such electronic records specified by the publicagency which has supervision over the requirement for theprovision or retention of such records are complied with.
(2) For the purposes of subsection (1)(a) —(a) the criterion for assessing integrity shall be whether the
information has remained complete and unaltered, apartfrom the introduction of any changes that arise in thenormal course of communication, storage and display; and(b) the standard of reliability required shall be assessed in thelight of the purpose for which the information was
generated and in the light of all the relevant circumstances.
(3) A person may satisfy the requirement referred to in
subsection (1) by using the services of any other person, if theconditions in paragraphs (a), (b) and (c) of that subsection arecomplied with.
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(4) Nothing in this section shall apply to any rule of law requiringthat any document, record or information be provided or retained in
its original form (or which provides for consequences if not) that the
Minister, by order published in the Gazette, excludes from theapplication of this section in respect of such document, record or
information.
Formation and validity of contracts
11.—(1) For the avoidance of doubt, it is declared that in thecontext of the formation of contracts, an offer and the acceptance of
an offer may be expressed by means of electronic communications.
(2) Where an electronic communication is used in the formation ofa contract, that contract shall not be denied validity or enforceability
solely on the ground that an electronic communication was used forthat purpose.
Effectiveness between parties
12. As between the originator and the addressee of an electronic
communication, a declaration of intent or other statement shall not bedenied legal effect, validity or enforceability solely on the ground that
it is in the form of an electronic communication.
Time and place of despatch and receipt
13.—(1) The time of despatch of an electronic communication is —(a) the time when it leaves an information system under thecontrol 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 the originator or of the party
who sent it on behalf of the originator, the time when theelectronic communication is received.
(2) The time of receipt of an electronic communication is the time
when the electronic communication becomes capable of being
retrieved by the addressee at an electronic address designated by
the addressee.

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CAP. 8814(3) The time of receipt of an electronic communication at anelectronic address that has not been designated by the addressee is thetime when the electronic communication becomes capable of being
retrieved by the addressee at that address and the addressee becomesaware that the electronic communication has been sent to that
address.
(4) For the purposes of subsections (2) and (3), an electronic
communication is presumed to be capable of being retrieved by theaddressee when it reaches the electronic address of the addressee.
[Act 5 of 2021 wef 19/03/2021](5) An electronic communication is deemed to be despatched at theplace where the originator has its place of business and is deemed tobe received at the place where the addressee has its place of business.
(6) Subsections (2), (3) and (4) shall apply notwithstanding that theplace where the information system supporting an electronic 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
14. A proposal to conclude a contract made through one or more
electronic communications which is not addressed to one or more
specific parties, but is generally accessible to parties making use of
information systems, including a proposal that makes use ofinteractive applications for the placement of orders through suchinformation systems, is to be considered as an invitation to makeoffers, unless it clearly indicates the intention of the party making the
proposal to be bound in case of acceptance.
Use of automated message systems for contract formation
15. A contract formed by the interaction of an automated message
system and a natural person, or by the interaction of automatedmessage 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 the automated message systems
or the resulting contract.

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Error in electronic communications
16.—(1) Where a natural person makes an input error in anelectronic communication exchanged with the automated message
system of another party and the automated message system does notprovide the person with an opportunity to correct the error, that
person, or the party on whose behalf that person was acting, has theright to withdraw the portion of the electronic communication inwhich the input error was made.
(2) Subsection (1) shall not apply unless the person, or the party on
whose behalf that person was acting —(a) notifies the other party of the error as soon as possible after
having learned of the error and indicates that he made anerror in the electronic communication; and(b) has not used or received any material benefit or value fromthe goods or services, if any, received from the other party.
(3) Nothing in this section shall affect the application of any rule oflaw that may govern the consequences of any error other than asprovided for in subsections (1) and (2).
PART IIAELECTRONIC TRANSFERABLE RECORDS[Act 5 of 2021 wef 19/03/2021]

Division 1 — General provisions
Interpretation of this Part
16A.—(1) In this Part, unless the context otherwise requires —“bill of exchange” includes a bill of exchange within themeaning of the Bills of Exchange Act, or under any other ruleof law, or the law of a country or territory outside Singapore;“bill of lading” includes a bill of lading within the meaning of
the Carriage of Goods by Sea Act, the Bills of Lading Act, or
under any other rule of law, or the law of a country or territory
outside Singapore;
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CAP. 8816“electronic record” means a record generated, communicated,
received or stored by electronic means, including (whereappropriate) all information logically associated with orotherwise linked together so as to become part of the record,
whether generated contemporaneously or not;“electronic transferable record” means an electronic record thatcomplies with all the requirements of section 16H;
“electronic transferable records management system” means an
information system for the issuance, transfer, control,
presentation and storage of electronic transferable records;“Model Law” means the UNCITRAL Model Law on Electronic
Transferable Records adopted by the United Nations
Commission on International Trade Law on 13 July 2017;“promissory note” includes a promissory note within themeaning of the Bills of Exchange Act, or under any otherrule of law, or the law of a country or territory outside
Singapore;“provider”, in relation to an electronic transferable records
management system, means a person that provides to anotherperson the use of an electronic transferable records
management system;“transferable document or instrument” means a document or an
instrument issued on paper that entitles the holder to claim
the performance of the obligation indicated in the document
or instrument and to transfer the right to performance of theobligation indicated in the document or instrument throughthe transfer of that document or instrument, and includes —(a) a bill of exchange;(b) a promissory note; and(c) a bill of lading.
(2) In the interpretation of any provision of this Part —(a) regard is to be had to the international origin of the Model
Law and the need to promote uniformity in its application;

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(b) the following documents are relevant documents for the
purposes of section 9A(3)(f) of the Interpretation Act:(i) any document relating to the Model Law that isissued by, or that forms part of the record on the
preparation of the Model Law maintained by, theUnited Nations Commission on International Trade
Law and its working group for the preparation of theModel Law;(ii) the Explanatory Note to the UNCITRAL Model Law
on Electronic Transferable Records; and(c) any question concerning matters governed by this Part
which are not expressly settled in this Part are to be settled
in conformity with the general principles on which theModel Law is based.
[Act 5 of 2021 wef 19/03/2021]

Adoption of Model Law
16B.—(1) This Part adopts the Model Law in its application to anelectronic transferable record in accordance with the provisions of
this Part.
(2) Unless otherwise provided, nothing in this Part affects theapplication to an electronic transferable record of any rule of law
governing a transferable document or instrument.
[Act 5 of 2021 wef 19/03/2021]

Additional information in electronic transferable records
16C. Nothing in this Part precludes the inclusion of any
information in an electronic transferable record in addition to any
information contained in a transferable document or instrument.
Examples(a) An electronic transferable record may contain additional information that isincluded due to its electronic nature such as metadata or a unique identifier.
(b) An electronic transferable record may contain additional dynamic
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or continuously, based on an external source, for example the price of apublicly-traded commodity or the position of a vessel.
[Act 5 of 2021 wef 19/03/2021]

Requirement of consent
16D.—(1) Nothing in this Part requires a person to use anelectronic transferable record without the person’s consent.
(2) The consent of a person to use an electronic transferable record
may be inferred from the person’s conduct.
(3) Pursuant to subsection (1) —(a) the parties who do not consent to the use of an electronictransferable record may derogate from all the provisions of
this Part; but(b) the parties may not derogate from only some but not all theprovisions of this Part.
[Act 5 of 2021 wef 19/03/2021]

Division 2 — Provisions on functional equivalence
Legal recognition of electronic transferable record
16E. To avoid doubt, an electronic transferable record is not to bedenied legal effect, validity or enforceability solely on the ground that
it is in the form of an electronic record.
[Act 5 of 2021 wef 19/03/2021]

Requirement for writing
16F. Section 7 applies to an electronic transferable record as it
applies to an electronic record within the meaning of section 2(1).
[Act 5 of 2021 wef 19/03/2021]

Requirement for signature
16G. Where a rule of law requires a signature of a person, or
provides for certain consequences if a transferable document or
instrument is not signed, that requirement is met with respect to anelectronic transferable record if a reliable method is used —(a) to identify that person; andInformal Consolidation – version in force from 19/3/2021

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(b) to indicate that person’s intention in respect of theinformation contained in the electronic transferable record.
[Act 5 of 2021 wef 19/03/2021]

Transferable documents or instruments
16H.—(1) Where a rule of law requires a transferable document or
instrument, that requirement is met by an electronic record if —(a) the electronic record contains the information that would
be required to be contained in the transferable document or
instrument; and(b) a reliable method is used —(i) to identify that electronic record as the authoritativeelectronic record constituting the electronictransferable record;(ii) to render that electronic record capable of being
subject to control from its creation until it ceases tohave any effect or validity; and(iii) to retain the integrity of that electronic record.
(2) For the purposes of subsection (1)(b)(iii), the criterion forassessing integrity is whether information contained in the electronic
record, including any authorised change that arises from its creation
until it ceases to have any effect or validity, has remained complete
and unaltered apart from any change that arises in the normal courseof communication, storage or display.
[Act 5 of 2021 wef 19/03/2021]

Requirement for possession or transfer of possession
16I.—(1) Where a rule of law requires the possession of atransferable document or instrument, or provides for certain
consequences if a transferable document or instrument is notpossessed, that requirement is met with respect to an electronictransferable record if a reliable method is used —(a) to establish exclusive control of that electronic transferable
record by a person; and(b) to identify that person as the person in control.
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CAP. 8820(2) Where a rule of law requires the transfer of possession of atransferable document or instrument, or provides for certain
consequences if possession of a transferable document or
instrument is not transferred, that requirement is met with respect
to an electronic transferable record through the transfer of control
over the electronic transferable record to another person inaccordance with subsection (1).
[Act 5 of 2021 wef 19/03/2021]

Division 3 — Use of electronic transferable record
Indication of time and place in electronic transferable record
16J. Where a rule of law requires the indication of time or placewith respect to a transferable document or instrument, or provides forcertain consequences if time or place is not indicated with respect to atransferable document or instrument, that requirement is met if areliable method is used to indicate that time or place with respect to anelectronic transferable record.
[Act 5 of 2021 wef 19/03/2021]

Indorsement
16K. Where a rule of law requires the indorsement in any form of atransferable document or instrument, or provides for certain
consequences if a transferable document or instrument is notindorsed, that requirement is met with respect to an electronictransferable record if the information required for the indorsement isincluded in the electronic transferable record in compliance with therequirements for writing and signature in sections 16F and 16G
respectively.
[Act 5 of 2021 wef 19/03/2021]

Amendment
16L. Where a rule of law requires the amendment of a transferable
document or instrument, or provides for certain consequences if atransferable document or instrument is not amended, that requirement
is met with respect to an electronic transferable record if a reliable
method is used for the amendment of any information in the

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electronic transferable record so that the amended information is
identified as such.
[Act 5 of 2021 wef 19/03/2021]

Change of medium from transferable document or instrument
to electronic transferable record
16M.—(1) An electronic transferable record may replace atransferable document or instrument if a reliable method for thechange of medium in accordance with this section is used.
(2) For the change of medium mentioned in subsection (1) to takeeffect, the following requirements must be satisfied:(a) all the information contained in the transferable document
or instrument must be accurately reproduced in theelectronic transferable record that replaces thetransferable document or instrument;(b) a statement indicating a change of medium must be
inserted in the electronic transferable record that replaces
the transferable document or instrument.
(3) Upon the issuance of the electronic transferable record inaccordance with subsections (1) and (2), the transferable document or
instrument —(a) ceases to have any effect or validity; and(b) must be made inoperative.
(4) A change of medium in accordance with subsections (1) and (2)does not affect the rights and obligations of the parties.
[Act 5 of 2021 wef 19/03/2021]

Change of medium from electronic transferable record totransferable document or instrument
16N.—(1) A transferable document or instrument may replace anelectronic transferable record if a reliable method for the change of
medium in accordance with this section is used.
(2) For the change of medium mentioned in subsection (1) to takeeffect, the following requirements must be satisfied:

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CAP. 8822(a) all the information contained in the electronic transferable
record must be accurately reproduced in the transferable
document or instrument that replaces the electronictransferable record;(b) a statement indicating a change of medium must be
inserted in the transferable document or instrument that
replaces the electronic transferable record.
(3) For the purposes of subsection (2)(a), the information in theelectronic transferable record that must be accurately reproduced in
the transferable document or instrument that replaces the electronictransferable record does not include any additional information that
may be contained in an electronic transferable record mentioned in
section 16C.
(4) Upon the issuance of the transferable document or instrument inaccordance with subsections (1) and (2), the electronic transferable
record —(a) ceases to have any effect or validity; and(b) must be made inoperative.
(5) A change of medium in accordance with subsections (1) and (2)does not affect the rights and obligations of the parties.
[Act 5 of 2021 wef 19/03/2021]

Division 4 — General reliability standard
General reliability standard
16O.—(1) For the purposes of sections 16G, 16H, 16I, 16J, 16L,
16M and 16N, the reliable method mentioned in each of theseprovisions must be —(a) as reliable as appropriate for the fulfilment of the function
for which the method is being used, in the light of all the
relevant circumstances, which may include —(i) any operational rules that are relevant to theassessment of reliability;(ii) the assurance of data integrity;

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(iii) the ability to prevent unauthorised access to and useof the system;(iv) the security of hardware and software;(v) the regularity and extent of audit by an independent
body;(vi) the existence of a declaration by a supervisory body,an accreditation body or a voluntary scheme,
regarding the reliability of the method; or(vii) any applicable industry standard; or(b) proven in fact to have fulfilled the function by itself or
together with any further evidence.
(2) In any proceedings involving an electronic transferable recordthat is issued, transferred, controlled, presented and stored by meansof an accredited electronic transferable records management systemprovided by a provider that is registered, licensed, accredited orrecognised in accordance with regulations made under section 16Q, it
is presumed, unless evidence to the contrary is adduced, that themethods used by the electronic transferable records management
system to fulfil the requirements under this Part in relation to theelectronic transferable record are as reliable as appropriate.
(3) The presumption in subsection (2) applies only if the electronictransferable record is issued, transferred, controlled, presented andstored by means of the accredited electronic transferable records
management system provided by the provider during the period inwhich the provider is registered, licensed, accredited or recognised
under this Part.
[Act 5 of 2021 wef 19/03/2021]

Division 5 — Cross-border recognition ofelectronic transferable record
Non-discrimination of foreign electronic transferable records
16P.—(1) An electronic transferable record is not to be denied legal
effect, validity or enforceability solely on the ground that it wasissued or used outside Singapore.

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CAP. 8824(2) Nothing in this Part affects the application to an electronictransferable record of any rule of private international law governinga transferable document or instrument.
[Act 5 of 2021 wef 19/03/2021]

Division 6 — Accreditation, etc., of provider of electronictransferable records management system
Regulations
16Q.—(1) The Minister may make regulations for the carrying outof this Part and, without limiting such general power, may makeregulations for the following purposes:(a) the registration, licensing or accreditation of providers ofan electronic transferable records management system;(b) the accreditation of electronic transferable records
management systems that satisfy the requirements ofproviding a reliable method under section 16O for thefulfilment of the requirements in relation to an electronictransferable record under this Part;(c) to prescribe the accounts to be kept by a provider of anelectronic transferable records management system that isregistered, licensed or accredited under this Part;(d) to provide for the appointment and remuneration of anauditor for the audit of a provider of an electronictransferable records management system that isregistered, licensed or accredited under this Part, and forthe costs of an audit carried out under the regulations;(e) to provide for the use of any accreditation mark in relation
to the activities of a provider of an electronic transferable
records management system in relation to such system, andfor controls over the use of such accreditation mark;(f) to prescribe the duties and liabilities of a provider of anelectronic transferable records management system that isregistered, licensed or accredited under this Part in respectof its customers;

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(g) to provide for the conduct of any inquiry into the conductof any provider of an electronic transferable records
management system and its authorised representatives
and the recovery of the costs and expenses involved in suchan inquiry;(h) to prescribe the forms and fees applicable for the purposesof this Part.
(2) Without limiting subsection (1), the Minister may makeregulations to provide for the cross-border recognition of aprovider of an electronic transferable records management systemthat is incorporated, formed or established in a country or territory
outside Singapore (called in this section a foreign provider) where theforeign provider —(a) is registered, licensed or accredited under a particularregistration, licensing or accreditation scheme (as the casemay be) established outside Singapore; and(b) carries on its business relating to the electronic transferable
records management system in accordance withrequirements that are at least equivalent or comparable
to the requirements applicable to a provider of anelectronic transferable records management system thatis or would be registered, licensed or accredited under thisPart.
(3) Regulations made under this section may provide that acontravention of a specified provision shall be an offence and shallbe punishable with a fine not exceeding $50,000 or withimprisonment for a term not exceeding 12 months or with both.
[Act 5 of 2021 wef 19/03/2021]

Controller may give directions for compliance
16R.—(1) The Controller may, by written notice, direct a providerof an electronic transferable records management system that isregistered, licensed or accredited under this Part, or any of its officers,
employees or authorised representatives, to take any measure or stop
carrying on any activity specified in the notice that is necessary toensure compliance with this Part.
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26(2) Any person who fails to comply with any direction specified in a
notice issued under subsection (1) shall be guilty of an offence andshall be liable on conviction to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding 12 months or to both.
[Act 5 of 2021 wef 19/03/2021]

Power to investigate
16S.—(1) The Controller or an authorised officer may investigate
the activities of a provider of an electronic transferable records
management system that is registered, licensed or accredited under
this Part, or any of its officers, employees or authorised
representatives, in relation to their compliance with this Part.
(2) For the purposes of subsection (1), the Controller may issue awritten order to the provider or any of its officers, employees orauthorised representatives, to further an investigation under thissection or to secure compliance with this Part, including an order toproduce records, accounts, data and documents kept by the provider,and to allow the Controller or an authorised officer to examine andcopy any of them.
[Act 5 of 2021 wef 19/03/2021]

PART III
SECURE ELECTRONIC RECORDS AND SIGNATURES
Secure electronic record
17.—(1) If a specified security procedure, or a commerciallyreasonable security procedure agreed to by the parties involved, hasbeen properly applied to an electronic record to verify that theelectronic record has not been altered since a specific point in time,such record shall be treated as a secure electronic record from suchspecific point in time to the time of verification.
(2) For the purposes of this section and section 18, whether asecurity procedure is commercially reasonable shall be determined
having regard to the purposes of the procedure and the commercial
circumstances at the time the procedure was used, including —(a) the nature of the transaction;

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(b) the sophistication of the parties;(c) the volume of similar transactions engaged in by either or
all parties;(d) the availability of alternatives offered to but rejected byany party;(e) the cost of alternative procedures; and(f) the procedures in general use for similar types oftransactions.
Secure electronic signature18.—(1) If, through the application of a specified security
procedure, or a commercially reasonable security procedure agreed
to by the parties involved, it can be verified that an electronic
signature was, at the time it was made —(a) unique to the person using it;(b) capable of identifying such person;(c) created in a manner or using a means under the sole controlof the person using it; and(d) linked to the electronic record to which it relates in amanner such that if the record was changed the electronic
signature would be invalidated,such signature shall be treated as a secure electronic signature.
(2) Whether a security procedure is commercially reasonable shallbe determined in accordance with section 17(2).
Presumptions relating to secure electronic records andsignatures
19.—(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 altered since 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 —Informal Consolidation – version in force from 19/3/2021

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CAP. 8828(a) the secure electronic signature is the signature of theperson to whom it correlates; and(b) the secure electronic signature was affixed by that personwith the intention of signing or approving the electronic
record.
(3) In the absence of a secure electronic record or a secure
electronic signature, nothing in this Part shall create any presumption
relating to the authenticity and integrity of the electronic record orelectronic signature.
PART IVREGULATION OF SPECIFIED SECURITY PROCEDURES AND
SPECIFIED SECURITY PROCEDURE PROVIDERS
Interpretation of this Part
20.—(1) In this Part, “designated person” means any member of aclass of specified security procedure providers specified in the
Fourth Schedule.
(2) For the avoidance of doubt, a reference to this Part shall include
a reference to the Second, Third and Fourth Schedules.
Specified security procedures21.—(1) The Minister may, by order published in the Gazette,amend the Second Schedule to add, delete or modify any specified
security procedure for the purposes of this Act.
(2) The provisions set out in the Third Schedule shall apply to thecorresponding specified security procedures.
(3) The Minister may, by order published in the Gazette, amend theThird Schedule to make provisions relating to any of the specified
security procedures, including —(a) specifying the conditions under which any electronic
signature may be treated as a secure electronic signature;(b) specifying the conditions under which any electronic
record may be treated as a secure electronic record;
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(c) prescribing the effect of and duties relating to the use of
specified security procedures, including the rights andduties of any persons relating to the use of such procedures
and specifying rules relating to the presumptions,assumption of risk, foreseeability of reliance and liability
limits applicable to the use of specified security
procedures; and(d) prescribing offences in respect of the contravention of any
provision in that Schedule, and prescribing fines notexceeding $20,000 or imprisonment which may not exceed
2 years or both, that may, on conviction, be imposed in
respect of any such offence.
(4) The Minister may, by order published in the Gazette, amend the
Fourth Schedule.
Regulation of specified security procedures and specified
security procedure providers
22.—(1) The Minister may make regulations for the carrying out of
this Part and, without prejudice to such general power, may makeregulations for all or any of the following purposes:(a) the regulation, licensing or accreditation of specified
security 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 theauthentication of electronic records, including theimposition of requirements to ensure interoperability
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 theauthentication of electronic records complies with
Singapore’s international obligations;

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CAP. 8830(d) prescribing the forms and fees applicable for the purposesof this Part.
(2) Without prejudice to the generality of subsection (1), theMinister may, in making regulations for the regulation, licensing or
accreditation of specified security procedure providers and theirauthorised representatives —(a) prescribe the accounts to be kept by specified security
procedure providers;(b) provide for the appointment and remuneration of anauditor, and for the costs of an audit carried out under
the regulations;(c) provide for the establishment and regulation of any
electronic system by a specified security procedureprovider, whether by itself or in conjunction with otherspecified security procedure providers, and for theimposition and variation of requirements or conditions
relating thereto as the Controller may think fit;(d) make provisions to ensure the quality of repositories andthe services they provide, including provisions for the
standards, licensing or accreditation of repositories;(e) provide for the use of any accreditation mark in relation to
the activities of specified security procedure providers andfor controls over the use thereof;(f) prescribe the duties and liabilities of specified security
procedure providers registered, licensed or accredited
under this Act in respect of their customers; and(g) provide for the conduct of any inquiry into the conduct ofspecified security procedure providers and their authorised
representatives and the recovery of the costs and expenses
involved in such an inquiry.
(3) Without prejudice to the generality of subsection (1), theMinister may make regulations to provide for the cross-border
recognition of specified security procedure providers or specified

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security procedures or any processes or records related thereto,
including any requirements —(a) relating to interoperability arrangements with the specified
security procedure providers;(b) whether the specified security procedure providers satisfy
certain requirements applicable to specified security
procedure providers registered, accredited or licensed
under this Act;(c) whether the specified security procedures, processes orrecords satisfy certain requirements applicable to specified
security procedures, processes or records (as the case maybe) under this Act;(d) that the processes or records have been guaranteed by aspecified security procedure provider registered,accredited or licensed under this Act;(e) that —(i) the specified security procedure providers have beenregistered, accredited or licensed;(ii) the processes have been specified; or(iii) the records have been registered,under a particular registration, accreditation or licensing
scheme (as the case may be) established outside Singapore;or(f) that the specified security procedure providers, specified
security procedures, processes or records have beenrecognised under a particular bilateral or multilateralagreement with Singapore.
(4) Regulations made under this section may provide that acontravention of a specified provision shall be an offence and may
provide penalties for a fine not exceeding $50,000 or imprisonment
for a term not exceeding 12 months or both.

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32

Controller may give directions for compliance23.—(1) The Controller may, by notice in writing, direct any
designated person, or any officer, employee or authorised
representative of a designated person —(a) to take such measures or stop carrying on such activities as
are specified in the notice if they are necessary to ensurecompliance with this Part; or(b) to co-operate with any other designated persons or publicagencies as the Controller thinks necessary in the case of apublic emergency.
(2) Any person who fails to comply with any direction specified in a
notice issued under subsection (1) shall be guilty of an offence andshall be liable on conviction to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding 12 months or to both.
(3) If any doubt arises as to the existence of a public emergency forthe purposes of subsection (1)(b), a certificate signed by the Ministerdelivered to the designated person shall be conclusive evidence of thematters stated therein.
Power to investigate
24.—(1) The Controller or an authorised officer may investigate theactivities of any designated person, or any officer, employee orauthorised representative of a designated person, in relation to theircompliance with this Part.
(2) For the purposes of subsection (1), the Controller may in writing
issue an order to any designated person, or any officer, employee orauthorised representative of a designated person, to further aninvestigation under this section or to secure compliance with thisPart, including an order to produce records, accounts, data anddocuments kept by the designated person, and to allow the Controller
or an authorised officer to examine and copy any of them.

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PART VUSE OF ELECTRONIC RECORDS
AND SIGNATURES BY PUBLIC AGENCIES
Acceptance of electronic filing and issue of documents
25.—(1) Any public agency 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) requires payment of any fee, charge or other amount by any
method and manner of payment,
may, notwithstanding anything to the contrary in such written law,carry out that function by means of electronic records or in electronicform.
(2) In any case where a public agency decides to perform any of thefunctions in subsection (1) by means of electronic records or inelectronic form, the public agency may specify —(a) the manner and format in which such electronic records
shall be filed, created, retained, issued or provided;(b) where such electronic records have to be signed, the type ofelectronic signature required (including, if applicable, a
requirement that the sender use a particular type of secure
electronic signature);(c) the manner and format in which such signature shall beaffixed to the electronic record, and the identity of or
criteria that shall be met by any specified security
procedure provider used by the person filing the document;(d) such control processes and procedures as may beappropriate to ensure adequate integrity, security andconfidentiality of electronic records or payments; andInformal Consolidation – version in force from 19/3/2021

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CAP. 8834(e) any other required attributes for electronic records or
payments that are currently specified for corresponding
paper documents.
(3) For the avoidance of doubt, notwithstanding anything to thecontrary in any written law but subject to any specification madeunder 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 agency;(b) create or retain any document for a public agency;(c) use a prescribed form for an application or notification to,or other transaction with, a public agency;(d) provide to or retain for a public agency any document,
record or information in its original form; or(e) hold a licence, permit or other approval from a publicagency,such a requirement is satisfied by an electronic record specified by the
public agency for that purpose and —(i) in the case of a requirement referred to in paragraph (a), (c)or (d), transmitted or retained (as the case may be) in themanner specified by the public agency;(ii) in the case of a requirement referred to in paragraph (b),created or retained (as the case may be) in the manner
specified by the public agency; or(iii) in the case of a requirement referred to in paragraph (e),issued by the public agency.
(4) Subject to sections 9 and 10, nothing in this Act shall by itself
compel any public agency to accept or issue any document or
information in the form of electronic records or to accept any
payment in electronic form.

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PART VI
LIABILITY OF NETWORK SERVICE PROVIDERS
Liability of network service providers
26.—(1) Subject to subsection (2), a network service provider shallnot be subject to any civil or criminal liability under any rule of law inrespect of third-party material in the form of electronic records towhich he merely provides access if such liability is founded on —(a) the making, publication, dissemination or distribution ofsuch materials or any statement made in such material; or(b) the infringement of any rights subsisting in or in relation tosuch material.
(1A) Subject to subsection (2), a network service provider shall not
be subject to any liability under the Personal Data Protection
Act 2012 in respect of third-party material in the form of electronic
records to which he merely provides access.
[Act 26 of 2012 wef 02/01/2013](2) Nothing in this section shall affect —(a) any obligation founded on contract;(b) the obligation of a network service provider as such undera licensing or other regulatory regime established under
any written law;(c) any obligation imposed under any written law or by a court
to remove, block or deny access to any material; or(d) any liability of a network service provider under the
Copyright Act (Cap. 63) in respect of —(i) the infringement of copyright in any work or othersubject-matter in which copyright subsists; or(ii) the unauthorised use of any performance, theprotection period of which has not expired.
(3) In this section —“performance” and “protection period” have the same meanings
as in Part XII of the Copyright Act;
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CAP. 8836“provides access”, in relation to third-party material, means theprovision of the necessary technical means by which thirdparty material may be accessed and includes the automaticand temporary storage of the third-party material for the
purpose of providing access;“third-party”, in relation to a network service provider, means aperson over whom the provider has no effective control.
PART VII
GENERAL
Appointment of Controller and other officers
27.—(1) The Minister may appoint any person to be the Controller
for the purposes of this Act.
(2) The Controller shall, subject to any general or special directionsof the Minister, perform such duties as are imposed and may exercise
such powers as are conferred upon him by this Act or any otherwritten law.
(3) The Controller may, after consultation with the Minister,
appoint by name or office such number of Deputy Controllers,Assistant Controllers and other officers as the Controller considers
necessary for the purpose of assisting him in the performance of his
duties and the exercise of his powers under this Act.
(4) The Controller may delegate the exercise of all or any of thepowers conferred or duties imposed upon him by this Act (except thepower of delegation conferred by this subsection) to any officer
appointed under subsection (3), subject to such conditions orlimitations as the Controller may specify.
(5) In exercising any of the powers of enforcement under this Act,an authorised officer shall on demand produce to the person against
whom he is acting the authority issued to him by the Controller.
(6) The Controller, every officer appointed under subsection (3)and every authorised officer shall be deemed to be a public servant forthe purposes of the Penal Code (Cap. 224).

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Obligation of confidentiality
28.—(1) No person shall disclose any information which has beenobtained by him in the performance of his duties or the exercise of his
powers under this Act, unless such disclosure is made —(a) with the permission of the person from whom theinformation was obtained or, where the information isthe confidential information of a third person, with thepermission of the third person;(b) for the purpose of the administration or enforcement of thisAct;(c) for the purpose of assisting any public officer or officer of
any other statutory board in the investigation orprosecution of any offence under any written law; or(d) in compliance with the requirement of any court or theprovisions of any written law.
(2) For the purposes of this section, the reference to a person
disclosing any information includes his permitting any other person
to have access to any electronic record, book, register,correspondence, information, document or other material which
has been obtained by him in the performance of his duties or the
exercise of his powers under this Act.
(3) Any person who contravenes subsection (1) shall be guilty of an
offence and shall be liable on conviction to a fine not exceeding$10,000 or to imprisonment for a term not exceeding 12 months or toboth.
Access to computers and data
29.—(1) The Controller or an authorised officer shall be entitled at
any time to —(a) have access to and inspect and check the operation of any
computer system and any associated apparatus or material
which he has reasonable cause to suspect is or has been in
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CAP. 8838(b) use or caused to be used any such computer system tosearch any data contained in or available to such computer
system.
(2) The Controller or an authorised officer shall be entitled torequire —(a) the person by whom or on whose behalf the Controller orauthorised officer has reasonable cause to suspect thecomputer is or has been so used; or(b) any person having charge of, or otherwise concerned withthe operation of, the computer, apparatus or material,
to provide him with such reasonable technical and other assistance as
he may require for the purposes of subsection (1).
(3) Any person who —(a) obstructs the lawful exercise of the powers undersubsection (1); or(b) fails to comply with a request under subsection (2),shall be guilty of an offence and shall be liable on conviction to a finenot exceeding $20,000 or to imprisonment for a term not exceeding
12 months or to both.
Production of documents, etc.
30. The Controller or an authorised officer shall, for the purposes ofthe execution of this Act, have power to do all or any of the following:(a) require the production of any identification document fromany person in relation to any offence under this Act;(b) make such inquiry as may be necessary to ascertain
whether the provisions of this Act have been complied
with.
Obstruction of Controller or authorised officer
31. Any person who obstructs, impedes, assaults or interferes with
the Controller or any authorised officer in the performance of his
functions under this Act shall be guilty of an offence.

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Offences by bodies corporate, etc.
32.—(1) Where an offence under this Act committed by a body
corporate is proved —(a) to have been committed with the consent or connivance of
an officer; or(b) to be attributable to any neglect on his part,the officer as well as the body corporate shall be guilty of the offence
and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its
members, subsection (1) shall apply in relation to the acts anddefaults of a member in connection with his functions of management
as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership isproved —(a) to have been committed with the consent or connivance ofa partner; or(b) to be attributable to any neglect on his part,the partner as well as the partnership shall be guilty of the offence andshall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by anunincorporated association (other than a partnership) is proved —(a) to have been committed with the consent or connivance of
an officer of the unincorporated association or a member of
its governing body; or(b) to be attributable to any neglect on the part of such an
officer or member,the officer or member as well as the unincorporated association shallbe guilty of the offence and shall be liable to be proceeded against andpunished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership;

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CAP. 8840“officer” —(a) in relation to a body corporate, means any director,
partner, member of the committee of management,
chief executive, manager, secretary or other similar
officer of the body corporate and includes any person
purporting to act in any such capacity; or(b) in relation to an unincorporated association (otherthan a partnership), means the president, thesecretary, or any member of the committee of theunincorporated association, or any person holding a
position analogous to that of president, secretary or
member of such a committee and includes any person
purporting to act in any such capacity;“partner” includes a person purporting to act as a partner.
(6) Regulations may provide for the application of any provision ofthis section, with such modifications as the Minister considers
appropriate, to any body corporate or unincorporated association
formed or recognised under the law of a territory outside Singapore.
General penalties
33. Any person guilty of an offence under this Act for which no
penalty is expressly provided shall be liable on conviction to a finenot exceeding $20,000 or to imprisonment for a term not exceeding 6
months or to both.
Consent of Public Prosecutor
34. No prosecution in respect of any offence under this Act shall beinstituted except by or with the consent of the Public Prosecutor.
Jurisdiction of court
35. Notwithstanding any provision to the contrary in the Criminal
Procedure Code 2010 (Act 15 of 2010), a District Court shall havejurisdiction to try any offence under this Act and shall have power toimpose the full penalty or punishment in respect of the offence.

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Composition of offences
36.—(1) The Controller may, in his discretion, compound any
offence under this Act which is prescribed as being an offence which
may be compounded by collecting from the person reasonably
suspected of having committed the offence a sum not exceeding —(a) one half of the amount of the maximum fine that isprescribed for the offence; or(b) $5,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shallbe taken against that person in respect of the offence.
(3) The Minister may make regulations prescribing the offences
which may be compounded.
Power to exempt
37. The Minister may, by order published in the Gazette, exempt,
subject to such terms and conditions as he thinks fit, any person orclass of persons from all or any of the provisions of this Act.
Regulations
38. The Minister may make regulations to prescribe anything whichis required to be prescribed under this Act (except sections 16Q and22) and generally for the carrying out of the provisions of this Act(except sections 16Q and 22).
[Act 5 of 2021 wef 19/03/2021]

Transitional provisions
39.—(1) Subject to subsection (2), this Act shall apply to all acts ortransactions done in relation to an electronic record, including thegeneration, signing or communication of an electronic record, madeon or after the date of commencement of this Act.
(2) If, immediately before the date of commencement of this Act —(a) by virtue of section 8 of the repealed Electronic
Transactions Act (Cap. 88, 1999 Ed.) (referred to in thisInformal Consolidation – version in force from 19/3/2021

Electronic Transactions

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CAP. 8842

section as the repealed Act), an electronic signature wastreated as having satisfied a rule of law requiring asignature, or providing certain consequences if a document
is not signed;(b) by virtue of section 9 of the repealed Act, an electronic
record was treated as having satisfied a rule of law
requiring certain documents, records or information to beretained; or(c) by virtue of section 15 of the repealed Act, an electronic
record was treated as having been despatched or received,
the provisions of this Act shall not affect that treatment of theelectronic signature or electronic record, as the case may be.
FIRST SCHEDULE
Section 4

MATTERS EXCLUDED BY SECTION 4First column
Provision
1. Part II.

Second column
MatterThe creation or execution of a will

2. [Deleted by Act 5 of
2021 wef 19/03/2021]
3. Part II

The creation, performance or enforcement of anindenture, declaration of trust or power ofattorney, with the exception of implied,
constructive and resulting trusts

4. Part II

Any contract for the sale or other disposition of
immovable property, or any interest in suchproperty

5. Part II

The conveyance of immovable property or thetransfer of any interest in immovable property.
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SECOND SCHEDULE
Sections 2, 20 and 21

SPECIFIED SECURITY PROCEDURES
1. Digital signatures, as defined in the Third Schedule.

THIRD SCHEDULE
Sections 20 and 21, paragraph 1 of theSecond Schedule and paragraph 1 of
the Fourth Schedule

DIGITAL SIGNATURES
PART I
GENERAL
Interpretation
1.—(1) In this Schedule, unless the context otherwise requires —“accredited certification authority” means a certification authority accreditedby the Controller pursuant to any regulations made under section 22;“asymmetric cryptosystem” means a system capable of generating a secure
key pair, consisting of a private key for creating a digital signature, and apublic key to verify the digital signature;“certificate” means a record issued for the purpose of supporting digital
signatures which purports to confirm the identity or other significant
characteristics of the person who holds a particular key pair;“certification authority” means a person who issues a certificate;“certification practice statement” means a statement issued by a certification
authority to specify the practices that the certification authority employs
in issuing certificates;“correspond”, in relation to a private key or public key, means to belong to
the same key pair;“digital signature” means an electronic signature consisting of atransformation of an electronic record using an asymmetric
cryptosystem and a hash function such that a person having the initial
untransformed electronic record and the signer’s public key canaccurately determine —(a) whether the transformation was created using the private key
that corresponds to the signer’s public key; andInformal Consolidation – version in force from 19/3/2021

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THIRD SCHEDULE — continued(b) whether the initial electronic record has been altered since thetransformation was made;“hash function” means an algorithm mapping or translating one sequence ofbits into another, generally smaller, set (the hash result) such that —(a) a record yields the same hash result every time the algorithm is
executed using the same record as input;(b) it is computationally infeasible that a record can be derived orreconstituted from the hash result produced by the algorithm;
and(c) it is computationally infeasible that 2 records can be found that
produce the same hash result using the algorithm;“key pair”, in an asymmetric cryptosystem, means a private key and its
mathematically related public key, having the property that the public key
can verify a digital signature that the private key creates;“operational period”, in relation to a certificate, means a period beginning on
the date and time the certificate is issued by a certification authority (or ona later date and time if stated in the certificate), and ending on the date andtime the certificate expires (as stated in the certificate) or is earlier revokedor suspended;“private key” means the key of a key pair used to create a digital signature;“public key” means the key of a key pair used to verify a digital signature;“recognised certificate” means a certificate recognised pursuant toregulations made under section 22(3);“recognised certification authority” means a certification authority
recognised pursuant to regulations made under section 22(3);“repository” means a system for storing and retrieving certificates or otherinformation relevant to certificates;“revoke”, in relation to a certificate, means to permanently end theoperational period of the certificate from a specified time;“subscriber” means a person who is the subject named or identified in a
certificate issued to him and who holds a private key that corresponds to a
public key listed in that certificate;“suspend”, in relation to a certificate, means to temporarily suspend theoperational period of the certificate from a specified time;“trustworthy system” means computer hardware, software and proceduresthat —
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THIRD SCHEDULE — continued(a) are reasonably secure from intrusion and misuse;(b) provide a reasonable level of availability, reliability and correct
operation;(c) are reasonably suited to performing their intended functions;and(d) adhere to generally accepted security procedures;“valid certificate” means a certificate that a certification authority has issued
and which the subscriber listed in it has accepted;“verify a digital signature”, in relation to a given digital signature, record andpublic key, means to determine accurately that —(a) the digital signature was created using the private key
corresponding to the public key listed in the certificate; and(b) the record has not been altered since its digital signature wascreated.
(2) In the application of this Act to certificates issued by the Controller anddigital signatures verified by reference to those certificates, the Controller shall bedeemed to be an accredited certification authority.
Secure electronic record with digital signature
2. The portion of an electronic record that is signed with a digital signature shallbe treated as a secure electronic record if the digital signature is a secure electronic
signature by virtue of paragraph 3.
Digital signature treated as secure electronic signature
3. When any portion of an electronic record is signed with a digital signature, thedigital signature shall be treated as a secure electronic signature with respect tosuch portion of the record, if —(a) the digital signature was created during the operational period of avalid certificate and is verified by reference to the public key listed insuch certificate; and(b) the certificate is considered trustworthy, in that it is an accurate bindingof a public key to a person’s identity because —(i) the certificate was issued by an accredited certification
authority operating in compliance with the regulations madeunder section 22;

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46

THIRD SCHEDULE — continued(ii) the certificate was issued by a recognised certification
authority;(iii) the certificate was issued by a public agency approved by the
Minister to act as a certification authority on such conditions as
he may by regulations impose or specify; or(iv) the parties have expressly agreed between themselves (senderand recipient) to use digital signatures as a security procedure,
and the digital signature was properly verified by reference tothe sender’s public key.
Presumptions regarding certificates
4. It shall be presumed, unless evidence to the contrary is adduced, that the
information (except for information identified as subscriber information which
has not been verified) listed in a certificate issued by an accredited certification
authority or a recognised certification authority, or in a recognised certificate, iscorrect if the certificate was accepted by the subscriber.
Unreliable digital signatures
5. Unless otherwise provided by law or contract, a person relying on a digitally
signed electronic record assumes the risk that the digital signature is invalid as asignature or an authentication of the signed electronic record, if reliance on thedigital signature is not reasonable under the circumstances having regard to thefollowing factors:(a) facts which the person relying on the digitally signed electronic record
knows or has notice of, including all facts listed in the certificate orincorporated in it by reference;(b) the value or importance of the digitally signed electronic record, if
known;(c) the course of dealing between the person relying on the digitally signed
electronic record and the subscriber and any available indicia of
reliability or unreliability apart from the digital signature; and(d) any usage of trade, particularly trade conducted by trustworthysystems or other electronic means.
Reliance on certificates foreseeable
6. It is foreseeable that persons relying on a digital signature will also rely on avalid certificate containing the public key by which the digital signature can beverified.

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THIRD SCHEDULE — continued
Prerequisites to publication of certificate
7. No person may publish a certificate or otherwise make it available to a person
known by that person to be in a position to rely on the certificate or on a digital
signature that is verifiable with reference to a public key listed in the certificate, if
that person knows that —(a) the certification authority listed in the certificate has not issued it;(b) the subscriber listed in the certificate has not accepted it; or(c) the certificate has been suspended or revoked, unless such publication
is for the purpose of verifying a digital signature created prior to suchsuspension or revocation.
Publication for fraudulent or unlawful purpose
8. Any person who knowingly creates, publishes or otherwise makes available acertificate for any fraudulent or unlawful purpose shall be guilty of an offence andshall be liable on conviction to a fine not exceeding $20,000 or to imprisonment
for a term not exceeding 2 years or to both.
False or unauthorised request
9. Any person who knowingly misrepresents to a certification authority his
identity or authorisation for the purpose of requesting for a certificate or forsuspension or revocation of a certificate shall be guilty of an offence and shall be
liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term
not exceeding 6 months or to both.
Recommended reliance limit
10.—(1) An accredited certification authority or a recognised certification
authority shall, in issuing a certificate to a subscriber, specify a recommended
reliance limit in the certificate.
(2) The accredited certification authority or recognised certification authority
may specify different reliance limits in different certificates as it considers fit.
Liability limits for accredited certification authorities
11. Unless an accredited certification authority or a recognised certification
authority waives the application of this paragraph, an accredited certification
authority or a recognised certification authority shall not be liable —(a) for any loss caused by reliance on a false or forged digital signature ofa subscriber, if, with respect to the false or forged digital signature, theInformal Consolidation – version in force from 19/3/2021

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48

THIRD SCHEDULE — continued
accredited certification authority or recognised certification authority
complied with the requirements of this Act; or(b) in excess of the amount specified in the certificate as its recommended
reliance limit for either —(i) a loss caused by reliance on a misrepresentation in thecertificate of any fact that the accredited certification
authority or recognised certification authority is required toconfirm; or(ii) failure to comply with paragraphs 14 and 15 in issuing thecertificate.
PART II
DUTIES OF CERTIFICATION AUTHORITY
Trustworthy system
12. A certification authority must utilise trustworthy systems in performing its
services.
Disclosure13.—(1) A certification authority shall disclose —(a) its certificate that contains the public key corresponding to the private
key used by that certification authority to digitally sign anothercertificate (referred to in this paragraph as a certification authority
certificate);(b) any relevant certification practice statement;(c) notice of the suspension or revocation of its certification authority
certificate; and(d) any other fact that materially and adversely affects either the reliabilityof a certificate that the authority has issued or the authority’s ability toperform its services.
(2) In the event of an occurrence that materially and adversely affects a
certification authority’s trustworthy system or its certification authority
certificate, the certification authority shall —(a) use reasonable efforts to notify any person who is known to be orforeseeably will be affected by that occurrence; or(b) act in accordance with procedures governing such an occurrence
specified in its certification practice statement.
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THIRD SCHEDULE — continued
Issuance of certificate
14.—(1) A certification authority may issue a certificate to a prospective
subscriber only after the certification authority —(a) has received a request for issuance from the prospective subscriber;and(b) has —(i) if it has a certification practice statement, complied with all of
the practices and procedures set forth in such certification
practice statement
including procedures
regardingidentification of the prospective subscriber; or(ii) in the absence of a certification practice statement, compliedwith the conditions in sub-paragraph (2).
(2) In the absence of a certification practice statement, the certification authority
shall confirm by itself or through its authorised agent that —(a) the prospective subscriber is the person to be listed in the certificate tobe issued;(b) if the prospective subscriber is acting through one or more agents, thesubscriber authorised the agent to have custody of the subscriber’s
private key and to request issuance of a certificate listing thecorresponding public key;(c) the information in the certificate to be issued is accurate;(d) the prospective subscriber rightfully holds the private key
corresponding to the public key to be listed in the certificate;(e) the prospective subscriber holds a private key capable of creating a
digital signature; and(f) the public key to be listed in the certificate can be used to verify adigital signature affixed by the private key held by the prospective
subscriber.
Representations upon issuance of certificate
15.—(1) By issuing a certificate, a certification authority represents to any
person who reasonably relies on the certificate or a digital signature verifiable by
the public key listed in the certificate that the certification authority has issued thecertificate in accordance with any applicable certification practice statement
incorporated by reference in the certificate, or of which the relying person has
notice.

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THIRD SCHEDULE — continued(2) In the absence of such certification practice statement, the certification
authority represents that it has confirmed that —(a) the certification authority has complied with all applicablerequirements of this Act in issuing the certificate, and if thecertification authority has published the certificate or otherwise
made it available to such relying person, that the subscriber listed in
the certificate has accepted it;(b) the subscriber identified in the certificate holds the private key
corresponding to the public key listed in the certificate;(c) the subscriber’s public key and private key constitute a functioning key
pair;(d) all information in the certificate is accurate, unless the certification
authority has stated in the certificate or incorporated by reference in thecertificate a statement that the accuracy of specified information is notconfirmed; and(e) the certification authority has no knowledge of any material fact which
if it had been included in the certificate would adversely affect thereliability of the representations in sub-paragraphs (a) to (d).
(3) Where there is an applicable certification practice statement which has been
incorporated by reference in the certificate, or of which the relying person has
notice, sub-paragraph (2) shall apply to the extent that the representations are notinconsistent with the certification practice statement.
Suspension of certificate
16. Unless the certification authority and the subscriber agree otherwise, thecertification authority that issued a certificate shall suspend the certificate as soon
as possible after receiving a request by a person whom the certification authority
reasonably believes to be —(a) the subscriber listed in the certificate;(b) a person duly authorised to act for that subscriber; or(c) a person acting on behalf of that subscriber, who is unavailable.
Revocation of certificate
17. A certification authority shall revoke a certificate that it issued —(a) after receiving a request for revocation by the subscriber listed in thecertificate; and confirming that the person requesting the revocation isInformal Consolidation – version in force from 19/3/2021

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THIRD SCHEDULE — continued
the subscriber, or is an agent of the subscriber with authority to request
the revocation;(b) after receiving a certified copy of the subscriber’s death certificate, or
upon confirming by other evidence that the subscriber is dead; or(c) upon presentation of documents effecting a dissolution of thesubscriber, or upon confirming by other evidence that the subscriber
has been dissolved or has ceased to exist.
Revocation without subscriber’s consent
18.—(1) A certification authority shall revoke a certificate, regardless ofwhether the subscriber listed in the certificate consents, if the certification
authority confirms that —(a) a material fact represented in the certificate is false;(b) a requirement for issuance of the certificate was not satisfied;(c) the certification authority’s private key or trustworthy system wascompromised in a manner materially affecting the certificate’s
reliability;(d) an individual subscriber is dead; or(e) a subscriber has been dissolved, wound up or otherwise ceased to exist.
(2) Upon effecting such a revocation, other than under sub-paragraph (1)(d) or(e), the certification authority shall immediately notify the subscriber listed in therevoked certificate.
Notice of suspension
19.—(1) Immediately upon suspension of a certificate by a certification
authority, the certification authority shall publish a signed notice of thesuspension in the repository specified in the certificate for publication of noticeof suspension.
(2) Where one or more repositories are specified, the certification authority shall
publish signed notices of the suspension in all such repositories.
Notice of revocation
20.—(1) Immediately upon revocation of a certificate by a certification
authority, the certification authority shall publish a signed notice of therevocation in the repository specified in the certificate for publication of noticeof revocation.

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THIRD SCHEDULE — continued(2) Where one or more repositories are specified, the certification authority shall
publish signed notices of the revocation in all such repositories.
PART IIIDUTIES OF SUBSCRIBERS
Generating key pair21.—(1) If the subscriber generates the key pair whose public key is to be listed
in a certificate issued by a certification authority and accepted by the subscriber,
the subscriber shall generate that key pair using a trustworthy system.
(2) This paragraph shall not apply to a subscriber who generates the key pairusing a system approved by the certification authority.
Obtaining certificate
22. All material representations made by the subscriber to a certification
authority for purposes of obtaining a certificate, including all information known
to the subscriber and represented in the certificate, shall be accurate and complete
to the best of the subscriber’s knowledge and belief, regardless of whether such
representations are confirmed by the certification authority.
Acceptance of certificate
23.—(1) A subscriber shall be deemed to have accepted a certificate if he —(a) publishes or authorises the publication of the certificate —(i) to one or more persons; or(ii) in a repository; or(b) otherwise demonstrates approval of the certificate while knowing or
having notice of its contents.
(2) By accepting a certificate issued by himself or a certification authority, thesubscriber listed in the certificate certifies to all who reasonably rely on theinformation contained in the certificate that —(a) the subscriber rightfully holds the private key corresponding to the
public key listed in the certificate;(b) all representations made by the subscriber to the certification authority
and material to the information listed in the certificate are true; and(c) all information in the certificate that is within the knowledge of thesubscriber is true.

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THIRD SCHEDULE — continued
Control of private key
24.—(1) By accepting a certificate issued by a certification authority, thesubscriber identified in the certificate assumes a duty to exercise reasonable careto retain control of the private key corresponding to the public key listed in suchcertificate and prevent its disclosure to a person not authorised to create thesubscriber’s digital signature.
(2) Such duty shall continue during the operational period of the certificate andduring any period of suspension of the certificate.
Initiating suspension or revocation of certificate
25. A subscriber who has accepted a certificate shall as soon as possible request
the issuing certification authority to suspend or revoke the certificate if the private
key corresponding to the public key listed in the certificate has been compromised.
[ETA, ss. 2, 19 to 40, 41(5), 44 and 45]

FOURTH SCHEDULE
Sections 20 and 21

DESIGNATED PERSONS
1. Certification authorities, as defined in paragraph 1 of the Third Schedule.

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LEGISLATIVE SOURCE KEY
ELECTRONIC TRANSACTIONS ACT(CHAPTER 88)
Unless otherwise stated, the abbreviations used in the references to otherstatutory provisions are references to the following statutory provisions. The
references are provided for convenience and are not part of the Act.
UNCITRAL:UNCITRAL Model Law on
Electronic Commerce adopted by
the General Assembly of the United
Nations on 16th December 1996

UN:

United Nations Convention on the
Use of Electronic Communicationsin International Contracts adopted by
the General Assembly of the United
Nations on 23rd November 2005

US:

United States Electronic Signaturesin Global and National Commerce
Act (15 U.S.C Chapter 96)

ACRA

:

Accounting
andCorporate
Regulatory
Authority
Act(Chapter 2A, 2005 Revised Edition)

ETA:

Electronic
Transactions
Act(Chapter 88, 1999 Revised Edition)

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LEGISLATIVE HISTORYELECTRONIC TRANSACTIONS ACT(CHAPTER 88)
This Legislative History is provided for the convenience of users of theElectronic Transactions Act. It is not part of the Act.
1. Act 16 of 2010 — Electronic Transactions Act 2010
Date of First Reading: 26 April 2010
(Bill No. 12/2010 published on
26 April 2010)

Date of Second and Third Readings: 19 May 2010

Date of commencement: 1 July 2010

Note: The Electronic Transactions Act 2010 repealed and re-enacted with
amendments the Electronic Transactions Act (Chapter 88, 1999
Revised Edition).
2. 2011 Revised Edition — Electronic Transactions Act (Chapter 88)
Date of operation: 31 December 2011

3. Act 26 of 2012 — Personal Data Protection Act 2012
(Related and consequential amendments made to Act by)
Date of First Reading: 10 September 2012 (Bill No.
24/2012 published on
10 September 2012)

Date of Second and Third Readings: 15 October 2012

Date of commencement: 2 January 2013

4. Act 5 of 2021 — Electronic Transactions (Amendment) Act 2021
Date of First Reading: 4 January 2021 (Bill No. 1/2021
published on 4 January 2021)

Date of Second and Third Readings: 1 February 2021

Date of commencement: 19 March 2021

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COMPARATIVE TABLE
ELECTRONIC TRANSACTIONS ACT(CHAPTER 88)
The following provisions in the Electronic Transactions Act 2010 (Act 16 of2010) have been renumbered by the Law Revision Commissioners in this 2011
Revised Edition.
This Comparative Table is provided for the convenience of users. It is not part of
the Electronic Transactions Act.
2011 Ed.

Act 16 of 2010

Omitted39—(1)

39—(1)

(2)

(2)

(3)

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