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What lawyers need to know - the Electronic Transactions Act

Explore the Electronic Transactions Act, its impact on online business, core provisions, exemptions, electronic signatures, and global legal developments. Learn how this act ensures legal certainty and uniformity in electronic transactions.

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What lawyers need to know - the Electronic Transactions Act

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  1. What lawyers need to know - the Electronic Transactions Act Colin Minihan Principal Legal Officer Information and SecurityLaw Division Attorney-General’s Dept

  2. Presentation outline • the Electronic Transactions Act • issues raised by the Act • State and Territory developments • international legal developments

  3. Electronic Transactions Act • background • based on international template • expert and public consultation • uniform national legislation agreed • effect - you can do business online with legal certainty

  4. ET Act - principles • media neutrality • treats paper and electronic communications equally • technology neutrality • doesn’t discriminate between different forms of technology

  5. ET Act - basic rule • a transaction will not be invalid merely because it took place by means of an electronic communication • transaction must satisfy any other existing legal requirements

  6. ET Act - core provisions • electronic communications can satisfy existing legal requirements for: • writing • signature • production of documents • retention of information

  7. ET Act - common elements • ‘readily accessible so as to be useable for subsequent reference’ • consent required • Commonwealth Govt must accept communications • Commonwealth entities’ powers • operation of other laws preserved

  8. ET Act - exemptions • from 1 July 2001 has applied to all Commonwealth laws subject to any exemptions • Electronic Transactions Regulations list exemptions • 101 laws (Acts and regulations) exempted

  9. Issues raised by the Act • electronic communication • law of the Commonwealth • IT requirements • contracting

  10. E-Security and the Act • doesn’t deal with security of communications directly • should be considered in practical implementation of systems • electronic signatures

  11. State and Territory Developments • enacted by NSW, Victoria, Northern Territory, Tasmania, South Australia, the ACT and Queensland • commenced in Vic. on 1 Sept 2000 and ACT on 1 July 2001 • lapsed in WA due to elections

  12. International Legal Developments • EC Directives • electronic signatures • electronic commerce • US, Canadian Uniform Laws • many others enacting laws • eg Singapore, Hong Kong, Korea, India, New Zealand

  13. International Legal Developments (2) • UNCITRAL Model Law on Electronic Signatures • Hague Convention - jurisdiction • OECD working group - ADR • Cybercrime convention

  14. Electronic Signatures • ET Act section 10 • can satisfy legal requirement for a signature by using any technique that: • identifies a person • indicates their approval • is appropriate in circumstances

  15. Electronic Signatures (2) • PKI systems/digital signatures • Government’s ‘Gatekeeper’ • Certification Forum of Australia • other technologies eg ‘PenOp’ (signature dynamics) • NEAC

  16. Further information • Attorney-General’s Department e-commerce homepage: http://law.gov.au/ecommerce

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