Preliminary Provisions
Title and commencement
This Act may be cited as the, “Electronic Transactions Act, 2007”, and shall come into force, as of the date of signature .
Interpretation
In this Act, unless the context otherwise requires:
“Electronic transactions”: means the relations, financial disposals, personal status and all legal matters other than criminal matters, including individual disposals or contracts as may be concluded or executed totally or partially through electronic data message;
“Data message”: means the information produced, sent, received or saved by electronic, or visual means, or other technological means, including exchange of electronic data, electronic mail, telegraph, telex or telegraphic copying ;
“Information”: means the data, texts , photographs, images, voices, signs , data base, and computer programmes, and the like;
“Electronic record”: means the entry , contract or data message, initiated, sent, received or saved by electronic means;
“Electronic instrument”: means the document initiated, saved, retrieved, copied, sent , served or received by an electronic means on a tangible medium, or any other electronic medium, and retrievable in such form, as can be understood;
“Digital signature”: means the signature initiated, sent and saved by an electronic means. It may take the form of letters, digits, signs or signals having a distinct character, and allows identification and distinguishing the personality of the signatory from others;
“Signature device”: means the set, or any electronic data prepared in a distinct form, to act in an independent way, or jointly with other data sets; the same being for a particular specific digital status of a person. This operation includes any systems, or sets, as may generate, or receive distinct data, such as signs , arithmetical curricula , letters, digits, personal codes, identification numbers or any other personal characteristics;
“Coding”: means the use of signs, or uncirculated signals, whereby the information intended to be passed, or sent becomes incapable of understanding on the part of others, or the use of signs, or signals, without which access to the information cannot be made;
“Authentication Procedure”: means the procedure followed, to verify that the electronic signature, or record has been made by a specific person, or trace such changes and errors, as may have occurred in an electronic record, after its establishment, including the use of analysis means, to identify the signs, words and digits, and decoding , reverse aid, or any other means , or procedure, as may achieve the purpose;
“Committee”: means the National Electronic Licensing Committee;
“Person authenticating the signature”: means any natural, or corporate person, who is licensed , according to the nature of the subject, to issue certificates asserting authentication of the digital signature, in order to ascertain that such signature is issued by the person concerned;
“Electronic medium”: means the computer programme, or any other electronic device, used for carrying out any process, for the initiation, sending or receiving an information message, without personal intervention;
“Receiver, of the message”: means the person, to whom the initiator of the message intends delivery of the information included therein ;
“Initiator, or sender of the message”: means the person, who by himself, or by whoever he may authorize, initiates the data message, and sends the same, before saving it;
“Authentication certificates”: mean the certificates issued by the person licensed to authenticate, for the proof of attribution of the digital signature, to a particular person, in accordance with the approved authentication procedure;
“Exchange of data”: means the electronic transfer and exchange of data, between two or more parties;
“Signatory”: means any person, who is in possession of a digital signature device, pertaining thereto, from the authenticating person, and effects signature personally , or through an agent on a message, by the use of such device;
“Data processing system”: means any electronic system used to initiate data messages, send, deliver, process, save or prepare the same, in any other way;
“Electronic payment device”: means the device, which enables its owner to conduct direct remotely controlled payment operations, totally or partially through the networks; including the electronic cheque, and the photocopy of the cheque, or payment cards, and otherwise of means;
“Minister competent”: means the Minister to be determined by the President of the Republic;
“Broker”: is the person, or body, who on behalf of any other body, effects sending, receipt or saving the data message, or renders any other services, with respect to the data message;
“Quarters of work”: means the site wherein the person practises his ordinary activity , and includes the electronic site agreed to, between the initiator and the receiver of the electronic message;
“Identification sign”: means the sign allotted by the person licensed to authenticate electronic transactions to the person concerned to use, from the receiver in order to distinguish data messages issued by such person from other messages ;
"Financial institution": means the licensed bank or financial institution authorized to make financial transactions in accordance with applicable laws ;
"Electronic instrument": means financial or commercial paper which is negotiable electronically .