REVIEW OF ETO OF NEPAL. Bhim Dhoj Shrestha Ex-General Secretary Computer Association of Nepal [email protected] July 14, 2006, Kathmandu. Electronic Transactions Ordinance, 2004 (2061 B.S.) came into force on 15 September, 2004.
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The Ordinance emphasizes to make legal provisions for authentication and regulating for the recognition, trueness, integrity and reliability of creation, production, processing, storage, communication and dissemination system of electronic records.
The Ordinance have provision of making reliable and secured transactions carried out by means of electronic data interchange and other means of electronic communications
The Ordinance is based on the Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law of a resolution dated the 30th January, 1997 of United Nations General Assembly.
The Ordinance has 12 Chapters and 79 sections.Chapter 1 includes Preliminaries which contains Short Title "Electronic Transactions Ordinance" 2061.This Chapter defines 31 terms related to the subject, especially for the purpose of legality.
The Chapter 2 stipulates that any subscriber may authenticate an electronic record by using his/her digital signature. Any person can verify an electronic record by use of a public key of the subscriber. Legal recognition of electronic records
Chapter 5, 6 and 7 deals about Digital Signature and Certificates. The retention and deposits of private key, functions, duties and rights of subscribers, electronic record and government use of digital signature, e.g., governemnt executive orders, notifications, gazettes, notices, tenders, etc.
Chapter 8 deals Network Service Provider, which says, will not be responsible for the reason of information or data of any third party, but not illegal.
Chapter 10 talks of the provisions relating to Cyber Tribunal and Chapter 11 deals with the provisions relating to Cyber Regulations Appellate Tribunal.