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Regulation 2000 Electronic Transactions
Source
Electronic Transactions Act

Brunei Darussalam

tag Created with Sketch Beta. Authentication Data Data Protection Data privacy Digital signature Electronic commerce Electronic communication Electronic contracts Electronic records Electronic signature Digital infrastructure

Definition of Data

Data is not defined.

Main Focus of Document

Provides for the legal recognition of electronic transactions and records.

Target Beneficiaries or Sector

consumers, business personnel

Key Elements

Makes provision for all forms of electronic transactions and matters connected to such transactions. Also provides for data protection and privacy. Key details include:

Purposes and construction
3. (1) This Act shall be construed consistently with what is commercially reasonable under the circumstances and to give effect to the following purposes — (a) to facilitate electronic communications by means of reliable electronic records; (b) to facilitate electronic commerce, eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements, and to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce; (c) to facilitate electronic filing of documents with government agencies and statutory corporations, and to promote efficient delivery of government services by means of reliable electronic records; (d) to minimise the incidence of forged electronic records, intentional and unintentional alteration of records, and fraud in electronic commerce and other electronic transactions; (e) to help to establish uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records; and (f) to promote public confidence in the integrity and reliability of electronic records and electronic commerce, and to foster the development of electronic commerce through the use of electronic signatures to lend authenticity and integrity to correspondence in any electronic medium. (2) In the interpretation of this Act, regard is to be had to its international origin and the need to promote uniformity in its application and the observance of good faith. (3) Questions concerning matters governed by this Act which are not expressly settled in it are to be settled in conformity with the general principles on which this Act is based. 

ELECTRONIC CONTRACTS 
Formation and validity. 11. (1) For the avoidance of doubt, it is hereby declared that in the context of the formation of contracts, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be expressed by means of electronic records. (2) Where an electronic record 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. 
Effectiveness between parties. 12. As between the originator and the addressee of an electronic record, a declaration of intent or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record. 
Secure electronic record. 16. (1) If a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved has been properly applied to an electronic record to verify that the electronic record has not been altered since a specified point in time, such record shall be treated as a secure electronic record from such specified point in time to the time of verification. (2) For the purposes of this section and of section 17, whether a security procedure is commercially reasonable shall be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including — (a) the nature of the transaction; (b) the sophistication of the parties; (c) the volume of similar transactions engaged in by either or all parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions. 
Secure electronic signature. 17. If, through the application of a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that all electronic signature was, at the time it was made — (a) unique to the person using it; (b) capable of identifying such person; (c) created in a manner or using a means under the sole control of the person using it; and (d) linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated, such signature shall be treated as a secure electronic signature. 
Secure electronic record with digital signature. 19. The portion of an electronic record that is signed with a digital signature shall be treated as a secure electronic record if the digital signature is a secure electronic signature by virtue of section 20. 
Secure digital signature. 20. When any portion of an electronic record is signed with a digital signature, the digital signature shall be treated as a secure electronic signature with respect to such portion of the record if — (a) the digital signature was created during the operational period of a valid certificate and is verified by reference to the public key listed in such certificate; and (b) the certificate is considered trustworthy, in that it is an accurate binding of a public key to a person’s identity.

Policy/Regulation Mirrors

Electronic Transactions Acts/Bills