Electronic Communications and Transactions Act - South Africa ...

30 No. 23708 GOVERNMENT GAZETE, 2 AUGUST 2002Act No. 252002ELECTRONIC COMMUNICATIONS ANDTRANSACTIONS ACT, 2002Other requirements19. (1) A requirement in a law for multiple copies of a document to be submitted to asingle addressee at the same time, satisfied by the submission of a single data messagethat is capable of being reproduced by that addressee.(2) An expression in a ha.. whether used as a noun or verb, including the terms 5“document”, “record”, “file”. “submit”, “lodge”, “deliver”, “issue”, “publish”,“write in”, “print” or words or expressions of similar effect, must be interpreted so asto include or permit such form. format or action in relation to a data message unlessotherwise provided for in this Act.(3) Where a seal is required by law to be affixed to a document and such law does not 10prescribe the method or fonn by which such document may be sealed by electronicmeans, that requirement is met if the document indicates that it is required to be underseal and it includes the advanced electronic signature of the person by whom it isrequired to be sealed.(3) Where any law requires or permits a person to send a document or information by 15rezistered or certified post or similar service. that requirement is met if an electroniccopy of the document or information isent to the South African Post Office Limited, isregistered by the said Post Office and sent by that Post Office to the electronic addressprovided by the sender.Automated transactions 2030. In an automated transactionanagreement may bc formed where an electronic agent performs an actionrequired by law for agreement formation:an qreement may be formed where all parties to a transaction or either one ofthem uses an electronic 25agent;a part)’ usin: an electronic agent to fonu an agreement is, subject to paragraphid). presumed to be bound by the terms of that agreement irrespective ofwhether that person reviewed the actions of the electronic agent or the termsof the as Greenlent:A party interacting u~ith an electronic agent to form an agreement is not bound 30by the terms of the agreement unless those terms were capable of beingrevie\ved by a catural person representing that party prior to agreementformation.no agreement is formed where a natural person interacts directljr with theelectronic agent of another person and has made a material error during the 35creation of a data message and-(i) the electronic agent did not prolride that person with an opportunit!, toprevent 0:‘ conect the error:(ii) that person notifies the other person of the error as soon as practicableafter that person has learned of it: 40(iii) lha~ person takes reasonable steps. including steps that conform to theothel- person‘s instructions to return an!’ performance recei\!ed. or. ifinstl-ucted to do so. to destro! that perfbrmance: and(i\ ) that ptrson has not used or recei\.ed any material benefit or value froman)’ performance received from the other person. 15Variation by agreement between partiesPart 2Communication of data messages21. This Part 0111)~ applies if the parties involved in generating. sending. receiving,storin: or otherwise processing data messages have not reached agreement on the issues 50proiided for therein.