be affixed to the electronic record and any requirements to be met
by the electronic signature as to reliability.
(iii)
Control processes and procedures as are appropriate to ensure
adequate
preservation,
disposition,
integrity,
security,
confidentiality and auditability of electronic records.
(iv)
Any other required attributes for electronic records, deemed
necessary or reasonable under the circumstances.
(v)
Any requirements for acknowledgement of receipt by the public
body of the electronic records.
3.
The aforesaid provisions shall not prejudice any legislation that expressly
prohibits the use of electronic means or expressly requires them to be
used in specific ways.
4.
For the purpose of the preceding Paragraph, a reference to writing or
signing does not in itself constitute a prohibition of the use of electronic
means.
Article 5
Legal Recognition of Electronic Records in Evidence
1.
Electronic records have the established legal recognition in evidence
specified in the common documents. Information shall not be
denied legal effect, validity or enforceability solely on the grounds
that it is wholly or partly in the form of an electronic record or not
contained in the electronic record purporting to give rise to such
legal effect, but is merely referred to in that electronic record.
2.
Where a rule of law requires information to be in writing, or provides a
legal effect if it is not, that requirement is met by an electronic record
provided the information contained therein is accessible so as to be
useable for subsequent reference whether by transmission, printing or
otherwise.
3.
Where a rule of law requires a person to provide information in writing to
another person, that requirement is met by the provision of that
information in an electronic form that is:
4.
(i)
accessible by the addressee so as to be usable for subsequent
reference whether by transmission, printing or otherwise; and
(ii)
capable of being retained by the addressee.
Information in the form of an electronic record shall be presumed to be
authentic unless evidence is adduced;
5