5/5/2015
The Electronic Transactions Act, 2007
“Quarters of work”
receiver of the electronic message;
“Identification sign”
means the sign allotted by the person licensed to authenticate
electronic transactions to the person concerned to use, from the
receiver in order to distinguish data messages issued by such person
from other messages ;
"Financial institution"
means the licensed bank or financial institution authorized to make
financial transactions in accordance with applicable laws ;
"Electronic
instrument"
Chapter II
means financial or commercial paper which is negotiable electronically .
Electronic Contracting
Declaration and expression of will
The data message shall be deemed as a means of:
1. declaration of rendering a service, or commodity;
2. expression of will totally, or partially, for the manifestation of offer and acceptance, with the
view of establishing contractual obligation .
Validity of the electronic contracts
1. Electronic contracts shall be correct and valid when offer and acceptance coincide through
data message exchanged by the parties to express two wills which coincide on the subject
matter, and put obligation on each other.
2. Notwithstanding subsection (1) the parties may agree that the contract shall be correct and
valid if the will is expressed partially through data message.
Making offer and its receipt
Unless the parties otherwise agreed, the offer shall be deemed:
1. made through data message when sent or entered in an information a system not controlled
by initiator or whoever may deputize therefore ;
2. received by the receiver on entry of data message in an information system the use of
whichis previously agreed to by the parties, or entered an information system belonging to
the receiver.
Making a acceptance and its receipt
Unless the parties otherwise agreed, acceptance shall be deemed:
1. made through data message at the time of entry in an information system not controlled by
the initiator or whoever he may deputize therefore;
2. received by the receiver on entry of data message in an information system the use of which
is previously agreed to by the parties, or entered an information system belonging to the
receiver .
Chapter III
Noncontractual transactions
Unilateral will
The data message which contains unilateral will as detailed in the Civil Transactions Act shall have
the legal cogency of the formal document whenever issued by an approved digital signature.
http://www.cbos.gov.sd/en/print/440
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