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In force2008 Revised Edition
Contents

Part II · Electronic Records and Signatures Generally

Section 9

(1)

Where any rule of law requires that certain documents, records or information be retained, that requirement is satisfied by retaining them in the form of electronic records 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;

Electronic Transactions 14 2008 Ed.

(c)

such information, if any, as enables the identification of the origin and destination of an electronic record and the date and time when it was sent or received, is retained; and

(d)

the consent of the department or ministry of the

Government, organ of State, or the statutory corporation which has supervision over the requirement for the retention of such records has been obtained.

(2)

An obligation to retain documents, records or information in accordance with subsection (1)(c) shall not extend to any information necessarily 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 the conditions in subsections

(1)

(a)

to (d) are complied with.

(4)

Nothing in this section shall —

(a)

apply to any rule of law which expressly provides for the retention of documents, records or information in the form of electronic records;

(b)

preclude any department or ministry of the Government, organ of State or a statutory corporation from specifying additional requirements for the retention of electronic records that are subject to the jurisdiction of such department, ministry, organ of State or statutory corporation.

Report

Part III

Liability of Network Service Providers

Part IV

Electronic Contracts

Part V

Secure Electronic Records and Signatures

Part VI

Effect of Digital Signatures

Part VII

General Duties Relating to Digital Signatures

Part VIII

Duties of Certification Authorities

Part IX

Duties of Subscribers

Part XI

Government Use of Electronic Records and Signatures

Part XII

General