Definition of Data

data 'includes material in whatever form stored in an electronic communications system; the whole part of a computer program; and a representation of information or concepts prepared in a form suitable for processing in an electronic communications system'.

Main Focus of Document

Provides for legal requirements with respect to electronic transactions

Target Beneficiaries or Sector

Government,

Key Elements

The objective of the Act is to provide a regulatory framework that essentially recognises the importance of the information economy, facilitates the use of electronic transactions by way of reliable electronic documents, promotes the development of legal and also business infrastructure that is necessary to implement secure electronic commerce and establishes the uniformity of legal rules and standards regarding the authentication and integrity of electronic documents. Key sections include:

7. For the purposes of any law [in force in Grenada] electronic information shall not be denied legal effect, validity or admissibility solely on the ground that it is:
(a) in the form of an electronic document;
(b) communicated by electronic means; or
(c) referred to but not contained in the electronic document purporting to give rise to that legal effect, if the information referred to is known to and accepted by the party against whom it is relied upon.

8. (1) Where any law requires information to be in writing, or refers to written information, any such information that is given electronically shall be taken to be given in writing if:
(a) when the information was given, it was reasonable to expect that the information would be readily accessible so as to be useable for subsequent reference; and
(b) where the information is to be given to the government and the government requires that ‐
 (i) the information be given in a particular way in accordance with particular technology requirements; or
(ii) particular action be taken to verify the receipt of the information so that the government’s requirement has been met;
(c) where the information is to be given to a person other than the government, that person consents to the information being given by means of an electronic communication.
(2) This section applies to a requirement or permission to give information, whether or not any of the words “give”, “send”, “serve” or any other word is used to designate the requirement or permission.
(3) This section does not affect the operation of any other law that makes provision for, or in relation to requiring or permitting information to be given, in accordance with particular information technology requirements:
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication.
(4) For the purposes of this section ”giving information” includes the following:
(a) making an application;
(b) making or lodging a claim;
(c) giving, sending or serving a notice;
(d) lodging a return;
(e) making a request;
(f) making a declaration;
(g) lodging or issuing a certificate;
(h) making, varying or cancelling an election;
(i) lodging an objection;
(j) giving a statement of reasons.
(5) Where any law referred to in subsection (1) requires more than one copy of the information to be submitted to a person, that requirement is satisfied by giving the information to the person electronically in accordance with the provisions of this section.

9. Unless otherwise provided by law, parties to a transaction may agree to the signature, use of a particular method or form of electronic signature.
Requirement 10. (1) Where a law requires a person’s signature as a witness, that requirement is met by means of an electronic signature if the information is given electronically and:
(a) the electronic signature ‐
(i) adequately identifies the signatory and adequately indicates the signatory’s approval of the information to which the signature relates;
(ii) is as reliable as is appropriate having regard to the purpose for which, and the circumstances in which, the signature is required, including any relevant agreement;
(b) in the case of a signature on information to be given to a person, that person consents to receiving the electronic signature.
(2) Subject to subsection (3), an encrypted signature shall be presumed to have satisfied the requirements of subsection (1)(a) and (b) if that signature is:
(a) uniquely linked to the person whose signature is required;
(b) capable of identifying that person;
(c) created by using means that the person can maintain under his sole control;
(d) linked to the information to which it relates in such a manner that any subsequent alteration of the information or the signature is detectable.
(3) Subsection (2) shall not be construed as limiting in any way the ability of any person to:
(a) establish in any other manner, for the purpose of satisfying the requirement referred to in subsection (1), the reliability of an encrypted signature or other method of indicating identity and approval;
(b) adduce evidence of the unreliability of an encrypted signature.
(4) Subsection (1) applies whether the requirement for signature is in the form of an obligation or the law merely provides consequences for the absence of a signature.
(5) In determining whether, or to what extent, a certificate or an encrypted signature is legally effective, no regard shall be had to the geographic location:
(a) where the certificate is issued or the encrypted signature is created or used; or
(b) of the place of business of the certification service provider or signatory.
(6) This section shall not affect the operation of any other law that requires:
(a) information that is given electronically to contain‐
(i) an encrypted signature (however described);
(ii) a unique identification in an electronic form; or
(b) a particular method to be used for information that is given electronically to identify the originator and to show that the originator approved the information given.

19. Where any law requires that a payment be made to the Government, the Minister responsible may make regulations:
(a) for the purpose of authorizing or facilitating the making of the payment by electronic means;
(b) specifying the manner in which the payment may be made;
(c) for the purpose of securing the integrity, security and confidentiality of the payment by electronic means.

Formation 20. (1) In relation to the formation of contracts, an offer and the and validity of acceptance of an offer may be expressed electronically, unless the parties agree otherwise.
(2) As between the originator and the addressee of an electronic document, a declaration of intention or other statement or delivery of a deed shall not be denied legal validity or be unenforceable solely on the ground that it is in an electronic document.
(3) A contract may be formed by the interaction of the automated communications device of each party, even if no individual was aware of or reviewed the actions of the device or the resulting terms and agreements.
(4) Subsection to subsection (5), a contract may be formed by the interaction of an automated communications device and an individual acting on his own behalf or for another person, including an interaction referred to in subsection (5).
(5) The interaction mentioned in subsection (4) is one in which the individual performs actions that the individual:
(a) is free to refuse to perform; and
(b) knows or has reason to know will cause the device to complete the transaction.
(6) In the circumstances referred to in subsections (4) and (5), the individual or the person on whose behalf the individual is acting, as the case may be, shall not be bound by the terms of the contract unless, prior to the formation of the contract, those terms were capable of being reviewed by the individual.

General provisions relating to electronic transactions
Attribution 21. (1) Unless otherwise agreed between the originator and the addressee of an electronic document, the originator is bound by that electronic document only if the document was sent by him or under his authority.
(2) Subsection (1) shall not affect the operation of a law that makes provision for:
(a) conduct engaged in by a person within the scope of the person’s actual or apparent authority to be attributed to another person; or
(b) a person to be bound by conduct engaged in by another person within the scope of the other person’s actual or apparent authority.
(3) An electronic document between an originator and an addressee shall  be  deemed  to  be  that  of  the  originator  if it was sent by an
information system programmed to operate automatically by or on behalf of the originator.
(4) As between the originator and the addressee, the addressee shall have the right to assume that an electronic document is being sent by the originator and to act on that assumption if:
(a) in order to ascertain whether the document is that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or
(b) the document as received by the addressee resulted from the actions of a person whose relationship with the originator enabled that person to gain access to a method used by the originator to identify electronic documents as his own
(5) Subsection (4) does not apply:
(a) as of the time when the addressee has received notice from the originator that the electronic document was not sent by the originator and had reasonable time to act accordingly; or
(b) in any case falling within subsection (4)(b), at any time when the addressee knew, or ought to have known had he exercised reasonable care or used any agreed procedure, that the electronic document was not sent by the originator.
 (6) An addressee is not entitled to regard an electronic document as being what the originator intended to send if the addressee knew, or ought reasonably to have known had he exercised reasonable care or used an agreed procedure, that:
(a) the document was sent in error; or
(b) the transmission of the document resulted in an error in the document as received by the addressee.
(7) The addressee is entitled to regard each electronic document received as a separate document and to act on that assumption, except to the extent that it duplicates another electronic document and the addressee knew or ought reasonably to have known, had he exercised reasonable care or used any agreed procedure, that the electronic document was a duplicate.

22. (1) This section applies where a change or error occurs in the change or transmission of an electronic document between parties.
[Misuse of 43 (1) A person who knowingly and with intent to commit an offence against this Act, or an offence involving property, fraud or dishonesty, causes a
computer to perform any function for the purpose of access to any program or data held in that computer in relation to an electronic transaction, commits an offence.
(2) For the purpose of this section, it is immaterial that the act in question is not directed at:
(a) any particular program or data;
(b) a program or data of any kind; or
(c) a program or data held in any particular computer.
(3) For the purposes of this section, a person secures or gains access to any program or data held in a computer if, by causing the computer to perform any function that person:
(a) alters or erases the program or data;
(b) copies or moves it to any storage medium other than that in which it is held or to a different location in the storage medium in which it is held;
(c) uses it; or
(d) causes it to be output from the computer in which it is held, whether by having it displayed or in any other manner.
(4) For the purpose of subsection (3) (c), a person uses a program if the function that the person causes the computer to perform:
(a) causes the program to be executed; or
(b) is itself a function of the program.
(5) For the purpose of subsection (3) (d), that the form in which any program or data output and whether or not it represents a form in which, in the case of a program, it is capable of being executed, or, in the case of data, it is capable of being processed by a computer, is immaterial.]

Policy/Regulation Mirrors

Electronic Transactions Acts/Bills