Act 8

Electronic Transactions Act

2011

(a) referred to in a way that a reasonable person would have
noticed the reference to the information or incorporation in
the contract; and

(b) accessible in a form in which it may be read, stored and
retrieved by the other party, whether electronically or as a
computer printout as long as the information is reasonably
capable of being reduced into electronic form by the party
incorporating it.

(3) Where—
(a) an act;

(b) a document; or
(c) information,

is required to be in writing, produced, recorded or retained, it may be
written, produced, recorded or retained in electronic form.

(4) For purposes of subsection (3) the requirement for a
document or information to be in writing is fulfilled if the document
or information is—
(a) in the form of a data message; and

(b) accessible in a manner which is usable for subsequent
reference.

6. Use of electronic signature.
Where a law requires a signature or provides for consequences where
a document is not signed, the requirement is fulfilled if an electronic
signature is used.
7.

Authenticity of data message.
(1) Where a law requires information to be presented or retained
in its original form, the requirement is fulfilled by a data message if—
(a) the integrity of the information from the time when it was first
generated in its final form as a data message or otherwise has
passed assessment in terms of subsection (2); and
9

Select target paragraph3