Electronic Transactions Act, No. 19 of 2006
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6. The requirement under any law that information be
retained, shall be deemed to be satisfied by the retention in
electronic form of information contained in a data message,
electronic document, electronic record or other communication
notwithstanding the fact that such information was not
originally generated in electronic form, if—
Requirements for
retention.
(a) the information in the data message, electronic
document, electronic record or communication is
accessible so as to be usable for subsequent
reference ; and
(b) the data message, electronic document, electronic
record or communication is retained in the format
in which it was generated, sent or received, or in a
format which can be demonstrated to represent
accurately the information generated, sent or
received ; and
(c) such information, enables the identification of the
origin and destination of the data message,
electronic document, electronic record or other
communication and the date and time when such
information was generated, sent or received, is
retained :
Provided that the provisions of this section shall not apply
to any information, which is automatically generated solely
for the purpose of enabling an electronic record to be
dispatched or received.
7. Where any Act or enactment provides that any
information or communication shall be authenticated by
affixing the signature, or that any document should be signed
or bear the signature of any person, then, notwithstanding
anything contained in such law, such requirement shall be
deemed to be satisfied, if such information or matter is
authenticated by means of an electronic signature.
Explanation.— for the purpose of this section, “sign” with its
grammatical variations and cognate expressions, shall, with
reference to a person mean, the affixing of his hand-written
signature or any mark on any document and the expression,
“signature” shall be construed accordingly.
Legal
recognition of
electronic
signatures.