- ARRANGEMENT OF SECTIONS
- PART 1 – PRELIMINARY
- PART 2 – LEGAL REQUIREMENTS FOR ELECTRONIC RECORDS
- PART 3 – COMMUNICATION OF ELECTRONIC RECORDS
- PART 4 – ELECTRONIC SIGNATURES
- PART 5 – ENCRYPTION AND DATA PROTECTION
- PART 6 – INTERMEDIARIES AND E-COMMERCE SERVICE PROVIDERS
- PART 7 – GENERAL
Electronic Transactions Act [Cap 263]
LAWS OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006
Commencement: 6 November 2000
CHAPTER 263 ELECTRONIC TRANSACTIONS
Act 24 of 2000
ARRANGEMENT OF SECTIONS PART 1 – PRELIMINARY
1. Definitions 2. Objects 3. Regulatory policy 4. Government not obliged to use electronic records 5. Acceptance of electronic records by the Government 6. General exclusions 7. Exclusions by Minister
PART 2 – LEGAL REQUIREMENTS FOR ELECTRONIC RECORDS
8. Legal recognition of electronic records 9. Writing 10. Delivery 11. Signature 12. Original form 13. Retention of electronic records 14. Admissibility and evidential weight of electronic records
PART 3 – COMMUNICATION OF ELECTRONIC RECORDS
15. Formation and validity of contracts 16. Attribution of electronic records 17. Acknowledgement of receipt of electronic records 18. Time and place of dispatch and receipt of electronic records
PART 4 – ELECTRONIC SIGNATURES
19. Electronic signature associated with accredited certificate 20. Certification and revocation of certification 21. Recognition of external certification service providers 22. Pseudonyms 23. Liability of authorised certification service provider
PART 5 – ENCRYPTION AND DATA PROTECTION
24. Encryption 25. Data protection
PART 6 – INTERMEDIARIES AND E-COMMERCE SERVICE PROVIDERS
26. Liability of intermediaries 27. Procedure for dealing with unlawful, defamatory etc. information 28. Codes of conduct and standards for intermediaries and e-commerce service providers 29. Offence to contravene code of conduct or standards
PART 7 – GENERAL
30. Regulations
ELECTRONIC TRANSACTIONS
An Act to make provision for electronic transactions, and for related matters.
PART 1 – PRELIMINARY
1. Definitions
In this Act, unless the contrary intention appears:
"accredited certificate" means an electronic record that:
(a) associates a signature verification device to a person; and
(b) confirms the identity of that person; and
(c) is issued by an authorised certification service provider under section 20;
"addressee", in relation to an electronic record, means a person who is intended by the originator to receive the electronic record, but does not include a person acting as an intermediary with respect to that electronic record;
"appropriate law enforcement agency" means:
(a) the Public Prosecutor; or
(b) the Attorney General; or
(c) a person prescribed for the purposes of any provision of this Act in which the expression occurs;
"approved form" means a form approved by the Minister for use under this Act;
"authorised certification service provider" means a certification service provider authorised under section 20(2) to provide accredited certificates;
"certification service provider" means a person who issues identity certificates for the purposes of electronic signatures or provides other services to the public related to electronic signatures; "data controller" means a person who, either alone or jointly or in common with other persons, determines the purposes for which and the manner in which any personal data is, or is to be, processed;
"data processor" means a person who processes personal data on behalf of a data controller;
"e-commerce service provider" means a person who uses electronic means in providing goods, services or information;
"electronic agent device" means a program, or other electronic or automated means, that is used to initiate or respond to electronic records;
"electronic record" means a record created, stored, generated, received or communicated by electronic means;
"electronic signature" means a signature in electronic form in, attached to, or logically associated with, information that is used by a signatory to indicate his or her adoption of the content of that information and meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that the signatory can maintain under his or her sole control;
(d) it is linked to the information to which it relates in such a manner that any subsequent alteration of the information is revealed;
"electronic signature product" means hardware or software, or components of either, that are intended to be used by a certification service provider for the provision of electronic signature services; "identifiable individual" means an individual who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physiological, mental, economic, cultural or social identity; "information" includes data, text, images, sounds, codes, computer programs, software and databases; "information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying or otherwise processing information; "intermediary", in relation to an electronic record, means a person who, on behalf of another person, sends, receives or stores that electronic record or provides other services with respect to that electronic record; "Minister" means the Minister responsible for telecommunications and electronic commerce; "originator", in relation to an electronic record, means a person by whom, or on whose behalf, the electronic record purports to have been sent or generated prior to storage (if any) but does not include a person acting as an intermediary with respect to that electronic record; "personal data" means any information relating to an identified or identifiable individual; "prescribed" means prescribed by the regulations made under this Act; "record" means information that is inscribed on a tangible medium or that is stored in an electronic, paper-based or any other medium and is retrievable in perceivable form; "signature creation device" means unique data or a uniquely configured physical device which is used by the signatory in creating an electronic signature; "signature verification device" means unique data or a uniquely configured physical device which is used in verifying an electronic signature.
2. Objects The objects of this Act are:
(a) to enhance the reputation of Vanuatu as an international business centre; and