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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.
Presenter/drafter: Adam Mambi,
Email: [email protected]
ITU HIPSSA Project: Supportfor Harmonization of the ICT Policies in Sub-Sahara Africa; Transposition of e-transaction Model Law to Zambia,
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
Signature requirements-8PART TWO: EQUIVALENCE OF WRITTEN AND E-DOCUMENTS, E- COMMUNICATION, MANUSCRIPT AND DIGITAL SIGNATURES
Where a law requires information to be in writing, that requirement is met by an electronic communication
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
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 Governmentexamples of statements of provisions with functional equivalence (SS-17-10)
This part gives legal recognition of electronic evidence. E-evidence is admissible and given weight under the BEST Evidence Rule: Sections 20-31
This part recognizes formation of contracts/agreements electronically-sections 32-42
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
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
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 messageUnsolicited goods, services or communications
Secure electronic signature
Cross-reference with Data Protection Act:e.g restriction on disclosing of informationPART VII CRYPTOGRACY PROVIDERS AND SECURE E-COMMUNICATIONS AND E-SIGNATURES
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 56PART VIII Regulation of certification authorities
Powers and duties of Accreditation Authority
Criteria for accreditation S-64
Revocation or suspension of accreditation S-65PART IX ACCREDITATION AND RECOGNITION OF AUTHENTICATION 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 resolutionPART X DOMAIN NAME AUTHORITY AND ADMINISTARTION SERVICE PROVIDERS
Electronic evidence must meet certain criteria to Empowers the Minister in collaborations with others MDAs to make Regulations for effective implementations of the ActPART XV: POWERS OF THE MINISTER
all parts that deal with e-transactions under the current Act will be repealed
Exclusion/exception on certain transactions that need paper-based transactionsPART XVI: REPEALING & SAVING PROVISIONS.
E-TRANSACTIONSCONCLUSION: PARTS PRESENTED FALL UNDER THREE MAJOR PILLARS