Electronic Transactions Act 2010

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3 Purposes and construction

6 Legal recognition of electronic records

7 Requirement for writing

8 Requirement for signature

9 Retention of electronic records

10 Provision of originals

11 Formation and validity of contracts

12 Effectiveness between parties

13 Time and place of despatch and receipt

14 Invitation to make offer

15 Use of automated message systems for contract formation

16 Error in electronic communications

16A Interpretation of this Part

16B Adoption of Model Law

16C Additional information in electronic transferable records

16D Requirement of consent

16E Legal recognition of electronic transferable record

16F Requirement for writing

16G Requirement for signature

16H Transferable documents or instruments

16I Requirement for possession or transfer of possession

16J Indication of time and place in electronic transferable record

16M Change of medium from transferable document or instrument to electronic transferable record

16N Change of medium from electronic transferable record to transferable document or instrument

16O General reliability standard

16P Non‑discrimination of foreign electronic transferable records

16R Controller may give directions for compliance

16S Power to investigate

17 Secure electronic record

18 Secure electronic signature

19 Presumptions relating to secure electronic records and signatures

20 Interpretation of this Part

21 Specified security procedures

22 Regulation of specified security procedures and specified security procedure providers

23 Controller may give directions for compliance

24 Power to investigate

25 Acceptance of electronic filing and issue of documents

26 Liability of network service providers

27 Appointment of Controller and other officers

28 Obligation of confidentiality

29 Access to computers and data

30 Production of documents, etc.

31 Obstruction of Controller or authorised officer

32 Offences by bodies corporate, etc.

33 General penalties

34 Consent of Public Prosecutor

35 Jurisdiction of court

36 Composition of offences

39 Transitional provisions

Please check the legislation timeline to ensure that you are viewing the correct legislation version. See also FAQ B3.

Versions

find current version as at

08 Jan 2025

Amended by
S 10/2025

Amended by
Act 38 of 2022

Amended by
Act 16 of 2021

Amended by
Act 22 of 2021

Amended by
Act 5 of 2021

Amended by
Act 26 of 2012

FIRST SCHEDULE

Section 4

Matters excluded by section 4

First column

Second column

Provision

Matter

Part 2

The creation or execution of a will

Part 2

The creation, performance or enforcement of an indenture, declaration of trust or power of attorney, with the exception of implied, constructive and resulting trusts and a lasting power of attorney defined under section 2(1) of the Mental Capacity Act 2008^*

Part 2

Any contract for the sale or other disposition of immovable property, or any interest in such property

Part 2

The conveyance of immovable property or the transfer of any interest in immovable property.

[*Updated to be consistent with the 2020 Revised Edition]

[Act 16 of 2021 wef 14/11/2022]

[5/2021]

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