Electronic Transactions Act
Electronic Transactions Act
This guide describes the function of the Electronic Transactions Act. It gives examples of when it may apply in respect of employment.
Part 4 of the Contract and Commercial Law Act 2017 facilitates the use of
electronic technology by reducing uncertainty about the legal effect of
electronic communication, both as a form and as a method of
communicating. To assist this, the Act also stipulates that certain paperbased legal requirements may be met by using electronic technology.
The Act provides rules, which may be contracted out of. They specify when
electronic transactions are deemed to have been sent and received and,
where electronic transactions are deemed to have been sent from and
received.
It applies to every enactment passed either before or after the Act came
into force, other than those expressly excluded. It does not apply to
enactments which require a use of particular electronic technology, or a
particular kind of data storage device, or a particular kind of electronic
communication. It does not apply to certain enactments relating to
electoral matters, specific provisions of existing Acts which have been
identified as specifying paper-based requirements that should not be met
by electronic means, legal requirements in relation to certain types of
notice or information or document where there is no functional equivalent
for the paper-based requirement in the statute, and provisions of legislation
relating to certain courts and tribunals.
The Act only applies to statutory requirements; transactions governed by
the common law (such as the formation of contracts) are not changed by
this Act. Furthermore, no person, solely by virtue of this Act, can be
required to use, provide, or accept information in electronic form without
that person’s consent.
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