Electronic Commerce Act, 2000

Writing.

12.—(1) If by law or otherwise a person or public body is required (whether the requirement is in the form of an obligation or consequences flow from the information not being in writing) or permitted to give information in writing (whether or not in a form prescribed by law), then, subject to subsection (2), the person or public body may give the information in electronic form, whether as an electronic communication or otherwise.

(2) Information may be given as provided in subsection (1) only—

(a) if at the time the information was given it was reasonable to expect that it would be readily accessible to the person or public body to whom it was directed, for subsequent reference,

(b) where the information is required or permitted to be given to a public body or to a person acting on behalf of a public body and the public body consents to the giving of the information in electronic form, whether as an electronic communication or otherwise, but requires—

(i) the information to be given in accordance with particular information technology and procedural requirements, or

(ii) that a particular action be taken by way of verifying the receipt of the information,

if the public body's requirements have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and

(c) where the information is required or permitted to be given to a person who is neither a public body nor acting on behalf of a public body—if the person to whom the information is required or permitted to be given consents to the information being given in that form.

(3) Subsections (1) and (2) are without prejudice to any other law requiring or permitting information to be given—

(a) in accordance with particular information technology and procedural requirements,

(b) on a particular kind of data storage device, or

(c) by means of a particular kind of electronic communication.

(4) This section applies to a requirement or permission to give information whether the word “give”, “send”, “forward”, “deliver”, “serve” or similar word or expression is used.

(5) In this section, “give information” includes but is not limited to—

(a) make an application,

(b) make or lodge a claim,

(c) make or lodge a return,

(d) make a request,

(e) make an unsworn declaration,

(f) lodge or issue a certificate,

(g) make, vary or cancel an election,

(h) lodge an objection,

(i) give a statement of reasons,

(j) record and disseminate a court order,

(k) give, send or serve a notification.