Definition of Data

Data is not defined

Main Focus of Document

Regulates matters pertaining to electronic commerce

Target Beneficiaries or Sector

n/a

Key Elements

The Act is formulated to provide for the legal recognition of electronic writing, electronic contracts and electronic signatures pertaining to commercial and other transactions. Notable sections include:

7. An electronic communication shall not be denied legal effect, validity, admissibility or enforceability solely on the ground that it is: (a) in electronic form; or (b) not contained in the electronic communication purporting to give rise to such legal effect, but is referred to in that electronic communication.
8. (1) Where information is required by law either to be in writing or is described as being written, such requirement or description is met by an electronic communication if the information contained in the electronic communication is accessible to, and is capable of retention by, the intended recipient. 
13. In the context of formation of contracts, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of electronic communications. 
21. (1) The Minister may make regulations prescribing standards for the processing of personal data whether or not the personal data originated within Guyana.  
(2) Regulations made under subsection (1) may provide for (a) the protection of privacy; (b) the voluntary registration and de-registration to those standards by data controllers and data processors; (c) the establishment of a register that is available for public inspection showing particulars of data controllers and data processors who have registered or deregistered to those standards and the dates of such registrations or de-registration and the countries in respect of which the registration or de-registration applies; (d) the application of those standards to the countries specified in the regulations; (e) different standards to be applied in respect of personal data originating from different countries; and (f) such matters as may be necessary or convenient for giving effect to this Part or for its administration.
(3) A data controller or data processor who voluntarily registers to a standards prescribed in regulations made under subsection (1) and who fails to comply with that standard, as it may be amended from time to time, in respect of any personal data originating from a country to which the standard applies that is collected by the data controller during the period of registration, including any time after deregistration is guilty of an offence and is liable on summary conviction to a fine, and if the offence of which he is convicted is continued after conviction he commits a further offence and is liable to a fine for every day on which the offence is continued. 
22. Nothing in this Law, except section 5, shall be applied so as to exclude, restrict, or deprive of legal effect, any method of creating an electronic signature that satisfies the requirements referred to in Section 23, paragraph 1, or otherwise meets the requirements of an applicable statutory provision, rule of law, contract or deed. 

Policy/Regulation Mirrors

n/a