1.
2.
A legal requirement that a document be presented or retained in its
original form is satisfied by presenting or retaining the document as an
electronic record provided:
(i)
there exists a reliable assurance as to the integrity of the
information contained in the electronic record, from the time the
electronic record was first created in its final form as an electronic
record or written form;
(ii)
where it is required that the original document is to be presented to
a person, that electronic record is accessible, and capable of being
displayed in an intelligible form to the concerned person.
(iii)
The consent of the public body which has supervision, if applicable,
over the requirements for the retention of such records has been
obtained and any relevant requirements stipulated by that
particular body have been complied with.
For the purpose of Paragraph (1)(a) of this Article, the following shall
observed:
(i)
the criterion for assessing integrity is whether the information in
the electronic record has remained complete and unaltered, apart
from the addition of any endorsement or changes which arise in the
normal course of generating, processing, transmitting, storing or
safekeeping and displaying; and
(ii)
the standard of reliability shall be assessed in light of all the
circumstances in which, including the purpose for which, the record
was created.
Article 8
Legal Requirements for One or More Copies
If the use of an electronic record is accepted between certain parties or
otherwise permitted by law, a requirement that a copy or multiple copies of a
document be provided to a person is satisfied by the provision of a single
electronic record to that person.
Article 9
Retention of Documents
1.
A legal requirement to retain documents, records or information that is
created, sent or received in a paper form or electronically is satisfied by
its retention as an electronic record if the following conditions are
satisfied:
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