The Meaning of the Exclusions in Section 4 of the Electronic communications and Transactions Act 25 of 2002
Journal Article
2007
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Authors
Journal Title
South African Law Journal
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Volume Title
Publisher
Juta Law
Publisher
University of Cape Town
Department
Faculty
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Abstract
The Electronic Communications and Transactions Act 25 of 2002 (the ECT Act) came into operation on 30 August 2002. Chapter 3 of the Act recognizes electronic documents, which the ECT Act calls data messages, as the equivalent of hard-copy documents. This applies for ordinary use (s 11) and in cases where the law requires writing (s 12). The ECT Act also makes such records admissible as evidence (s 15). Section 13 provides for advanced electronic signatures as the equivalent of a written signature where the law requires this. (At present it is not possible to use an advanced electronic signature because the Director-General has yet to accredit products and services to support advanced electronic signatures as required by s 37.)
Description
Reference:
Hofman, J. (2007). The meaning of the exclusions in section 4 of the Electronic Communications and Transactions Act 25 of 2002: notes. South African Law Journal, 124(2), 262-268.