The legal recognition of electronic contracts should not be construed to mean that every online agreement that is concluded is automatically valid. 215 Article 1 provides that the Model Law applies to data messages.216 Article 2 provides that a data message means information generated, sent, received or stored by electronic, optical or similar means including, but not limited to, electronic data interchange, electronic mail, telegram, telex or telecopy.217 Article 5 bis on incorporation by reference as adopted in 1998, reads that information shall not be denied legal effect, validity or enforceability solely on the ground that it is not contained in the data message purporting to give rise to such legal effect, but merely referred to in that message.218 2.4.3.4 The ‘in writing’ and signature requirements The writing and signature provisions as entailed in article 6 and article 7 of the Model Law are important because they form the basis for legal certainty and authentication of data messages.219 The two provisions seek to transpose prescribed statutory requirements for written contracts into electronic contracts.220 Article 6 is couched with the terms that where the law requires information to be in writing, that requirement is met by a data message if the information contained therein is accessible so as to be usable for subsequent reference.221 Whereas article 7 stipulates that where the law requires a signature of a person, that requirement is met in relation to a data message if a method used to identify that person and to indicate that person's approval of the information is contained in the data message, and further that method is as reliable as was appropriate for the purpose for which the data message was generated or communicated, in the light of all the circumstances, including any relevant agreement.222 215 Buys, R et al. (2004) “Cyberlaw@SA II: the law of the internet in South Africa” 84 points ou t that the legal recognition of data messages provision is not intended to override any mandatory provisions in South African law relating to data messages but merely provides that information may not be denied legal validity on account that it is contained in the form of a data message; Jason (2004: 44). 216 Gregory (2003-2004: 275). 217 Gregory (2003-2004: 275 at 276). 218 The UNCITRAL Guide to Enactment available at www.uncitral.org/pdf/english/texts/electcom/0589450_Ebook.pdf (27 March 2015). 219 Van der Merwe (2008: 163). 220 Pistorius (2002: 129 at 135). 221 Gregory (2003-2004: 275 at 276). 222 Gregory (2003-2004: 275 at 277). 24