Electronic Transactions Act, 2008 Electronic Transactions Bill Act  772 19. The Bill also clarifies in clause 21 how electronic documents may be attributed to an originator. The third group of clauses, clause 25 - 27 provides for e-Government service which is public service provided by electronic means by a public body. A public body is empowered by any law in clause 26 to accept for filing, accept payment, issue permits, licences or approvals by electronic means. The Bill does not seek to compel public bodies to process electronic records, clause 25. A public body may however publish in the Gazette details of the manner and format in which it will accept and retain electronic records. The Bill also allows for the publication of the Official Gazette in electronic format, clause 27. The fourth group of clauses, clause 28 – 45 is on the Certifying Agency which is to certify encryption or authentication services provided in the country and monitor the conduct, systems and operations of encryption and authentication service providers. The functions of the Certifying Agency are provided in clause 31. Service and products of persons certified by a Certifying Foreign Agency recognised by the local Agency will be allowed, clause 34. Among other things, the Agency is also to act as the repository of Digital Signature Certificates issued under this Bill and maintain a computerised database of public keys to make them verifiable by a member of the public, clause 35. Consumer protection is dealt with in the fifth group of clauses, clause 46 – 54, which provides for the protection of consumers in electronic transactions. The obligations of suppliers offering goods or services for sale, hire or exchange to consumers on an electronic platform are spelt out in clause 47. For instance, consumers will be entitled to information relating to the supplier and the goods or services offered. Suppliers will be duty-bound to utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction according to the type of transaction concerned. Suppliers will be liable for any damage suffered by a consumer due to a failure by the supplier to apply a sufficiently secure payment system. Unsolicited goods, services, and communications are prohibited in clause 50. Financial institutions are not to make available, lend, or sell a list or portion of a list of holders of any electronic payment medium and their addresses and account numbers to any person without the prior written consent of the holders, clause 51. This will be subject to other laws related to credit reporting. 69

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