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HIPSSA Project

HIPSSA Project. Support for Harmonization of the ICT Policies in Sub-Sahara Africa . Overview of the Model Law on Electronic Transactions and Electronic Commerce Tana Pistorius. Paper-based commercial rules Manuscript signature witnessed Vulnerability of consumers Legal effect of an email

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HIPSSA Project

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  1. HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa Overview of the Model Law on Electronic Transactions and Electronic Commerce TanaPistorius

  2. Paper-based commercial rules • Manuscript signature witnessed • Vulnerability of consumers • Legal effect of an email • Received; read • Systems are down; delete it Realities of Law: Barrier

  3. Trusted business environment • Legal certainty • Protection of individuals • Clarify marketplace rules • E-records; authentication etc. OBJECTS

  4. Promotes public confidence • Integrity and reliability of electronic records and electronic commerce • Fosters the development of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium OBJECTS (cont.)

  5. Three pillars

  6. General enabling

  7. Electronic Transactions

  8. Electronic commerce

  9. Legal recognition: Requirement of writing met: • data messages • accessible in a manner usable for subsequent reference WRITING

  10. Electronic signatures • Data attached to or logically associated with data indented to be signature

  11. Law requires: regulations SIGNATURE

  12. Parties – appropriate transaction SECURE electronic signatures -regulations Recognition of foreign signatures Enabling environment

  13. Admissibility and evidentiary weight • Original • Retention of records • Production of documents ? STANDARD ADMISSABILITY

  14. Automated message systems • Electronic agents • keystroke errors • Obligations of suppliers • Performance • Cooling off • CONTRACTS EXCLUDED E-CONSUMERS

  15. On-line marketing • Opt in • CRIMINAL SPAM

  16. Limitation of liability • Mere conduit; • caching; • hosting & • information location tools • No general obligation Service provider liability

  17. Exceptions & interpretation • Exclusions from application • Freedom of contract • No party forced to transact electronically • ENABLING

  18. Exclusions • TYPES OF INFORMATION; SIGNATURE CONTRACTS EXCLUDED? • SECURE SIGNATURES • REQUIREMENTS • SANS 21188; ITU X.509; PKI • Admissibility – rules of court • E-Consumers - sufficient • ISPs QUESTIONAIRE

  19. THANK YOU… TanaPistorius ITU INTERNATIONAL EXPERT pistot@unisa.ac.za Research Professor: UNISA Union Internationale des Télécommunications International Telecommunication Union

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