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Presentation of DRAFT BILL ON E-TRANSACTIONS , 19-24 August,2013 PowerPoint PPT Presentation


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Presentation of DRAFT BILL ON E-TRANSACTIONS , 19-24 August,2013 Presenter/drafter: Adam Mambi , Email: [email protected] Mobile: +255768291302/ + 255713291302.

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Presentation of DRAFT BILL ON E-TRANSACTIONS , 19-24 August,2013

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Presentation of draft bill on e transactions 19 24 august 2013

Presentation of DRAFT BILL ON E-TRANSACTIONS, 19-24 August,2013

Presenter/drafter: Adam Mambi,

Email: [email protected]

Mobile: +255768291302/+255713291302

ITU HIPSSA Project: Supportfor Harmonization of the ICT Policies in Sub-Sahara Africa; Transposition of e-transaction Model Law to Zambia,


Key objectives of the bill e transaction

  • facilitate the appropriate use of

    e- transactions;

  • promote business and community confidence in e-transactions

  • fosters the development of e-commerce through the use of electronic documents and secure e-signatures;

  • provides for e-filing and submission of documents with public sector Agencies and promote efficient delivery of public sector services and good governance(promote e-government)

  • establishes the legal infrastructure (e.g.PKI) necessary to implement secure electronic commerce and to remove legal uncertainties over writing, original documents original evidence and signature requirements

  • promote the public and consumer confidence in the use

Key Objectives of the Bill-e-transaction


Part i

  • Part one provides for preliminary provisions-Sections 1-5

  • Short title and commencement-s-1

  • Application-Union-s-2

  • Interpretation-definitions of key terminologies –s-3

  • Scope of the application-what transactions covered? .Are there any exclusion? –s-4 (negotiable instruments, title deeds, bills of lading, wills, certificates)??????

  • Aims of the Bill/Act -5 & Annexture

PART I


Part two equivalence of written and e documents e communication manuscript and digital signatures

This Part provides functional

equivalence between signatures, writing etc & data message, e-signatures

Provides on how traditional functions under paper based method could be fulfilled through e-commerce techniques.

Non-discrimination against e-information-6

Writing requirements-7

Signature requirements-8

PART TWO: EQUIVALENCE OF WRITTEN AND E-DOCUMENTS, E- COMMUNICATION, MANUSCRIPT AND DIGITAL SIGNATURES


Examples of statements provisions on functional equivalence

  • Where a law requires information to be in writing, that requirement is met by an electronic communication

  • Where a law requires the signature (manuscript) of a person, that requirement is met by a secure e-signature

Examples of statements/provisions on functional equivalence


Presentation of draft bill on e transactions 19 24 august 2013

PART THREE,E-GOVERNMENT SERVICESThis Part recognizes and promotes e-government services-functional equivalence: Sections 12-19 Acceptance of e-filling, digital signatures and issuing of documents in MDAsprovides for a manner of payment (e.g.e-payment)E-communicationspublication of document electronically instead of government Gazetterecognition of e-service delivery


Examples of statements of provisions with functional equivalence ss 17 10

Where any law requires any document to be served, sent or delivered Physically or using paper-based methods , the requirement of the law is fulfilled by the service, sending or delivery of the document by an electronic means if an information….

Where any law requires any payment to be made Physically or using paper-based methods, the requirement of the law is fulfilled if the payment is made by an electronic means and complies with any conditions imposed by the Government

examples of statements of provisions with functional equivalence (SS-17-10)


Part iv admissibility and evidential weight electronic evidence

  • This part gives legal recognition of electronic evidence. E-evidence is admissible and given weight under the BEST Evidence Rule: Sections 20-31

  • Admissibility and evidentiary weight-20

  • How to meet requirement of primary evidence(Best Evidence Rule)

  • establishes both the admissibility of data messages as evidence in legal proceedings and their evidential value.

  • provides useful guidance as to how the evidential value of data messages should be assessed

  • Conditions & rules of e-evidence e.g. integrity & reliability

  • emphasizes the importance of the integrity of the information to form for the basis of admissibility

  • sets forth the criteria for assessing integrity,

  • Requirement to produce an original document -25

  • E-ballot

PART IVADMISSIBILITY AND EVIDENTIAL WEIGHT ELECTRONIC EVIDENCE


Part v legal recognition of eontracts distance sellig contracts

  • This part recognizes formation of contracts/agreements electronically-sections 32-42

  • Determines when& where the contract is concluded-38

  • Determines time & place of dispatch-38,41

  • Communication of proposal, offer and acceptance electronically

  • Formation & Validity of e-contracts -35

  • Contract of sale by online auction-40

  • Exclusions from application & Freedom of contract

  • Is not intended to interfere with the law on formation of contracts but rather to promote international trade by providing increased legal certainty as to the conclusion of contracts by electronic means.

PART V: LEGAL RECOGNITION OF EONTRACTS/DISTANCE SELLIG CONTRACTS


Examples of statements legal provisions on functional equivalence in contracts

  • 1.Where the law or any rule requires the contract of sale to be made offline with the requirement of fall of hammer or when the thing is knocked down as methods of obtaining the winner or last bidder as specified under any Law, that requirement is met by online auction using the time

  • 2. unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of electronic communications.

  • 3. Where an e-communication is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose

Examples of statements/legal provisions on functional equivalence in contracts


Part vi consumer protection

  • This part provides for The duties of suppliers to consumers online-S-43

  • Online consumers are protected under this part.

  • It provides for the rights consumers online

  • The law obliges suppliers to provide the following information:

  • full contact details, including its place of business, e-mail addresses and telefax number(s);

  • main characteristics of the goods or services offered

  • the full price of the goods or services, including transport costs, taxes and any other fees or costs;

  • payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction any terms of agreement and the manner and period within which consumers can access and maintain a full record of the transaction

PART VI CONSUMER PROTECTION


Consumer rights

Cancellation right-S-44-A consumer has a right o cancel without reason and without penalty any transaction and any related credit agreement for the supply

review the entire electronic transaction

withdraw from the transaction, before finally placing any order

Section 44 (2) The only charge that may be levied on the consumer is the direct cost of returning the goods.

Consumer rights


Unsolicited goods services or communications

Regulates Unsolicited goods, services or communications

Protects consumers and other parties against Unsolicited goods, services or communications

46 (2) Unsolicited commercial communications may only be sent to addressees where the opt-in requirement is met

46 (3) The opt-in requirement will be deemed to have been met where:

the addressee’s e-mail address and other personal information was collected by the originator of the message “in the course of a sale...

the originator only sends promotional messages relating to its “similar products and services” to the addressee

the opportunity to opt out is provided by the originator to the addressee with every subsequent message

Unsolicited goods, services or communications


Part vii cryptogracy providers and secure e communications and e signatures

Deals with Registration of cryptography providers

Secure electronic signature

Cross-reference with Data Protection Act:e.g restriction on disclosing of information

PART VII CRYPTOGRACY PROVIDERS AND SECURE E-COMMUNICATIONS AND E-SIGNATURES


Part viii regulation of certification authorities

Certification authority (CA), is an entity that issues digital certificates(DCs). CA is a trusted third party that is trusted by both the subject (owner) of the certificate and the party relying upon the certificate

The DCs certifies the ownership of a public key.

Indicates whether public key corresponds to the Private key

Regulates and licensing of certification authorities

Recognition of foreign certification authorities

Empowers the Minister to make regulations-Sections 56

PART VIII Regulation of certification authorities


Part ix accreditation and recognition of authentication service providers

This Part mainly Provides for:

Powers and duties of Accreditation Authority

Criteria for accreditation S-64

Revocation or suspension of accreditation S-65

PART IX ACCREDITATION AND RECOGNITION OF AUTHENTICATION SERVICE PROVIDERS


Part x domain name authority and administartion service providers

Establishment and incorporation of .zm domain name authority-S-68

Functions and responsibility of the authority –S-69

Requirement of registration, Licensing of registrars and registries

Power of the Minister to make Regulations Regarding registries,

Dispute resolution

PART X DOMAIN NAME AUTHORITY AND ADMINISTARTION SERVICE PROVIDERS


Part xi governance and staffing of authority

Provides for:

Board of directors of Authority

Staff of the Authority

Powers to make Regulations regarding the domain name registration entity

PART XI: GOVERNANCE AND STAFFING OF AUTHORITY


Part xii limitation of liability of service providers

  • Regulates intermediaries

  • Provides limited liability and defences to intermediaries based on the following factors

  • Knowledge

  • Mere conduit

  • Caching

  • Hosting

  • Take-down notification

PART XII: LIMITATION OF LIABILITY OF SERVICE PROVIDERS


Part xiii interception of communicatio

Empowers law enforcers to accessing information

Provides for grounds and reasons for accessing information

 Prohibition of discloser of intercepted communication

PART XIII: INTERCEPTION OF COMMUNICATIO


Part xiv access to stored communication

  • Regulates interception of communication

  • Provides limited liability and defences to intermediaries based on the following factors

  • Knowledge

  • Mere conduit

  • Caching

  • Hosting

  • Take-down notification

PART XIV: ACCESS TO STORED COMMUNICATION


Part xv powers of the minister

Electronic evidence must meet certain criteria to Empowers the Minister in collaborations with others MDAs to make Regulations for effective implementations of the Act

PART XV: POWERS OF THE MINISTER


Part xvi repealing saving provisions

all parts that deal with e-transactions under the current Act will be repealed

Exclusion/exception on certain transactions that need paper-based transactions

PART XVI: REPEALING & SAVING PROVISIONS.


Conclusion parts presented fall under three major pillars

ENABLING

E-COMMERCE

E-TRANSACTIONS

CONCLUSION: PARTS PRESENTED FALL UNDER THREE MAJOR PILLARS


Thank you very much

Adam Mambi

ITU International Consultant/ Expert for drafting e-transactions Bill

[email protected]

Mobile: +255768291302/+255713291302

Union Internationale des Télécommunications International Telecommunication Union

THANK YOU VERY MUCH


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