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International Telecommunication Union ITU HIPSSA Project: Support for Harmonization of the ICT Policies in Sub- Sahara Africa; Transposition of e- transaction.

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Presentation on theme: "International Telecommunication Union ITU HIPSSA Project: Support for Harmonization of the ICT Policies in Sub- Sahara Africa; Transposition of e- transaction."— Presentation transcript:

1 International Telecommunication Union ITU HIPSSA Project: Support for Harmonization of the ICT Policies in Sub- Sahara Africa; Transposition of e- transaction Model Law to Zambia,

2 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

3 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

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

5 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

6 PART THREE, E-GOVERNMENT SERVICES This Part recognizes and promotes e- government services-functional equivalence: Sections Acceptance of e-filling, digital signatures and issuing of documents in MDAs provides for a manner of payment (e.g.e- payment) E-communications publication of document electronically instead of government Gazette recognition of e-service delivery

7 examples of statements of provisions with functional equivalence (SS-17-10) a) 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…. b) 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

8 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 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

9 PART V: LEGAL RECOGNITION OF EONTRACTS/DISTANCE SELLIG CONTRACTS This part recognizes formation of contracts/agreements electronically-sections 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.

10 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

11 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, 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

12 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.

13 Unsolicited goods, services or communications a) Regulates Unsolicited goods, services or communications b) 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: a) the addressees address and other personal information was collected by the originator of the message in the course of a sale... b) the originator only sends promotional messages relating to its similar products and services to the addressee c) the opportunity to opt out is provided by the originator to the addressee with every subsequent message

14 PART VII CRYPTOGRACY PROVIDERS AND SECURE E-COMMUNICATIONS AND E- SIGNATURES 1) Deals with Registration of cryptography providers 2) Secure electronic signature 3) Cross-reference with Data Protection Act:e.g restriction on disclosing of information

15 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 digital certificatestrusted third party The DCs certifies the ownership of a public key. Indicates whether public key corresponds to the Private key a) Regulates and licensing of certification authorities b) Recognition of foreign certification authorities c) Empowers the Minister to make regulations-Sections 56

16 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

17 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

18 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

19 PART XII: LIMITATION OF LIABILITY OF SERVICE PROVIDERS 1) Regulates intermediaries 2) Provides limited liability and defences to intermediaries based on the following factors Knowledge Mere conduit Caching Hosting Take-down notification

20 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

21 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

22 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

23 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

24 CONCLUSION: PARTS PRESENTED FALL UNDER THREE MAJOR PILLARS 1) ENABLING 2) E-COMMERCE 3) E-TRANSACTIONS

25 THANK YOU VERY MUCH Adam Mambi ITU International Consultant/ Expert for drafting e-transactions Bill Mobile: / Union Internationale des Télécommunications International Telecommunication Union


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