- (a) there exists a reliable assurance as to the integrity of the information contained in the electronic record from the time the document, record or information was first made in its final form, whether as a document in writing or as an electronic record;
- (b) where the document, record or information is to be provided to a person, the electronic record that is provided to the person is capable of being displayed to the person; and
- (c) any additional requirements relating to the provision or retention of such electronic records specified by the public agency which has supervision over the requirement for the provision or retention of such records are complied with.
(2) For the purposes of subsection (1)(a)—
- (a) the criterion for assessing integrity shall be whether the information has remained complete and unaltered, apart from the introduction of any changes that arise in the normal course of communication, storage and display; and
- (b) the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all the relevant circumstances.
(3) A person may satisfy the requirement referred to in subsection (1) by using the services of any other person, if the conditions in paragraphs (a), (b) and (c) of that subsection are complied with.
(4) Nothing in this section shall apply to any rule of law requiring that any document, record or information be provided or retained in its original form (or which provides for consequences if not) that the Minister, by order published in the Gazette, excludes from the application of this section in respect of such document, record or information.
Formation and validity of contracts
11.—(1) For the avoidance of doubt, it is declared that in the context of the formation of contracts, an offer and the acceptance of an offer may be expressed by means of electronic communications.
(2) Where an electronic communication is used in the formation of a contract, that contract shall not be denied validity or enforceability solely on the ground that an electronic communication was used for that purpose.
