Definition of Data

data is not defined

Main Focus of Document

Gives legal effect to, and otherwise provides for, the regulation of electronic communication and related matters

Target Beneficiaries or Sector

Government, Citizens

Key Elements

Some key details include:
Validity of information 
5. Information shall not be denied legal effect solely because it is — (a) in electronic form; (b) communicated by electronic means; or (c) referred to in an electronic communication that is intended to give rise to that legal effect.

Electronic signature 
20. Unless otherwise provided by a law in force in Saint Lucia, parties to a transaction may agree to the use of a particular method or form of electronic signature.
Requirement for signature 
21.— (1) Subject to subsection (2), a legal requirement for a signature other than the signature of a witness is satisfied by means of an electronic signature if the electronic signature — (a) adequately identifies the signatory and adequately indicates the signatory’s approval of the information to which the signature relates; and (b) is as reliable as is appropriate given the purpose for which, and the circumstances in which, the signature is required.
(2) A legal requirement for a signature is not satisfied by means of an electronic signature unless, in the case of a signature on information that is required to be given to a person, that person consents to receiving the electronic signature.

Use of electronic information by public bodies 
35.— (1) Where a public body has power to create, collect, receive, store, transfer, distribute, publish, issue or otherwise deal with information and documents, it has the power to do so using information technology.
(2) Subsection (1) is subject to any law in force in Saint Lucia that expressly prohibits the use of information technology or expressly requires information technology to be used in a specified manner.
(3) For the purposes of subsection (2), a reference to writing or signature does not in itself constitute an express prohibition of the use of electronic means.
(4) Where a public body consents to receive any information in electronic form, it may specify — (a) the manner and format in which the information shall be communicated to it; (b) the type or method of electronic signature required, if any; (c) control processes and procedures to ensure integrity, security and confidentiality of the information; (d) any other attributes for the information that are currently specified for corresponding information on paper.

Contracts 
38.— (1) A contract shall not be denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form or has been entered into wholly or partly by means of electronic communication or otherwise.
(2) For the purposes of any law in force in Saint Lucia relating to contracts, an offer, an acceptance of an offer and any related communication, including any subsequent amendment, cancellation or revocation of the offer, the acceptance of the contract made, unless otherwise agreed to by the contracting parties, may be communicated by means of electronic communications.

Formation of electronic contracts 
39.— (1) Subject to subsection (2) and unless otherwise agreed by parties who are not consumers, where the addressee of an electronic communication is required to give his consent through technological means, in accepting the originator’s offer, an electronic contract is concluded when the addressee has received from the originator, electronically, an acknowledgement of receipt of the addressee’s consent.
(2) When an order is placed by electronic communication, the originator has to acknowledge the receipt of the addressee’s order without undue delay and by electronic means.
(3) For the purposes of subsection (1), an acknowledgement of receipt is deemed to be received when the addressee is able to access it.
(4) Unless otherwise agreed by parties who are not consumers, the originator shall provide the addressee with effective and accessible means to identify and correct handling errors and accidental transactions prior to the conclusion of the contract.
(5) Subsections (1) and (3) shall not apply to contracts concluded exclusively by electronic mail or by any other similar technological means.

Information requirements relating to electronic contracts 
40.— (1) Subject to subsection (2) and unless otherwise agreed by parties who are not consumers, and without prejudice to any consumer rights under the provisions of any other law in force in Saint Lucia, the originator shall provide information in clear, comprehensive and unambiguous terms regarding the matters set out in the Regulations.
(2) Information pursuant to subsection (1) shall be provided to the addressee, prior to the placement of the order by the addressee.
(3) Unless parties who are not consumers have agreed otherwise, an originator shall indicate which relevant codes of conduct the originator subscribes to and provide information as to how those codes can be accessed electronically.
(4) Where the originator provides terms and conditions applicable to the addressee contract to the addressee, the originator shall make them available to the addressee in a way that allows the addressee to store and reproduce them.

Policy/Regulation Mirrors

n/a