BELIZE
ELECTRONIC TRANSACTIONS ACT CHAPTER 290:01
SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003
This is a revised edition of the Substantive Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- | Page |
ARRANGEMENT OF SECTIONS | 3 |
ELECTRONIC TRANSACTIONS ACT | 5 |
Amendments in force as at 31st May, 2003. |
BELIZE
ELECTRONIC TRANSACTIONS ACT CHAPTER 290:01
SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003
This is a revised edition of the Substantive Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.
This edition contains a consolidation of the following laws- | Page |
ARRANGEMENT OF SECTIONS | 3 |
ELECTRONIC TRANSACTIONS ACT | 5 |
Amendments in force as at 31st May, 2003. |
ELECTRONIC TRANSACTIONS ARRANGEMENT OF SECTIONS
Objects.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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[]
the Government of Belize.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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[]
the Government of Belize.
ELECTRONIC TRANSACTIONS No. 8 of 2003.
[31st January, 2003]
“electronic” includes created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic, optical or by any other means that has
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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Crown to be bound.
Nondiscrimination against electronic information.
capabilities for creation, recording, transmission or storage similar to those means;
“electronic signature” means information in electronic form that a person has created or adopted in order to sign a document and that is in, attached to or associated with a document;
“public body” includes:
“information system” means a system for generating, sending, receiving, storing or otherwise processing electronic communications; “rule of law” means the common law, legislation, and subordinate legislation.
(2) In sections 7, 8, 9, 10 and 11:
(a) where rules of law require information to be in writing, given, signed, original, or retained, the requirement is met if the section is complied with;
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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7. (1) A rule of law that requires information to be in writing or to be Writing given in writing is satisfied by information in electronic form if the information is requirements. accessible so as to be usable for subsequent reference.
(2) In subsection (1), giving information includes, but is not limited to, the following:
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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Prescribed forms.
Signature requirements.
Requirement to produce an original document.
(3) Information in electronic form is not given unless the information is capable of being retained by the person to whom it is given.
8. A rule of law that requires a person to provide information in a prescribed non-electronic form to another person is satisfied by the provision of the information in an electronic form that is:
9. (1) If a rule of law requires the signature of a person, that requirement is met by an electronic signature.
(2) Parties may agree to use a particular method of electronic signature, unless otherwise provided by law.
10. A rule of law that requires a person to produce, examine or keep an original document is satisfied if the person produces, examines or retains the document in electronic form, if
(a) having regard to all the relevant circumstances, the method of generating the electronic form of the document provided a reliable means of assuring the maintenance of the integrity of the information contained in the document; and
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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(b) in a case where an original document is to be given to a person, the document given to the person in electronic form is accessible so as to be usable for subsequent reference and capable of being retained by the person.
11. A rule of law that requires a person to keep information either that is in Keeping written writing or that is in electronic form, is satisfied by keeping the information in documents. electronic form, if :
12. For the purposes of sections 10 and 11, the integrity of information in a Integrity of document is maintained if, and only if, the information has remained complete information. and unaltered, apart from:
which arises in the normal course of communication, storage or display.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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Recognition of foreign electronic documents and signatures.
Powers of public bodies.
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15. This Act does not apply to: Exclusions.
16. (1) Nothing in this Act limits the operation of any other rule of law Certain other
that expressly authorizes, prohibits or regulates the use of information in electronic laws not affected.
form, including a method of electronic signature.
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Consent. 17. (1) Nothing in this Act requires a person to use, provide or accept information in electronic form without consent, but a person’s consent to do so may be inferred from the person’s conduct.
Contracts. 18. (1) Unless the parties agree otherwise, an offer, the acceptance of an offer or any other matter that is material to the formation or operation of a contract may be expressed:
(2) A contract is not invalid or unenforceable by reason only of being in electronic form.
Automatic 19. A contract may be formed by the interaction of computer programs
contracts. or other electronic means used to initiate an act or to respond to electronic information, in whole or in part, without review by an individual at the time of the response or act.
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20. (1) An electronic transaction between an individual and another person’s automated source of information has no legal effect if :
(2) This section does not limit the operation of any other rule of law relating to mistake.
Mistakes in partlyauthomated transactions.
Expressions of
will.
Time and place of sending and receiving electronic communications.
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the Government of Belize.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2003
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the Government of Belize.
(6) If the sender or addressee does not have a place of business, the person’s place of habitual residence is deemed to be the place of business for the purposes of subsection (4).
(a) terms, conditions and methods of payment; and
Attribution of electronic communications.
Consumer protection.
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the Government of Belize.
CAP. 290:01] Electronic Transactions
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(b) details of and conditions related to withdrawal, termination, return, exchange, cancellation and refund policy information.
Regulations. 25. The Attorney General may make regulations:
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