Information Technology Law - With Specific Reference to E-Commerce

Law

The Electronic Commerce Act, 2000 relates to the creation of contracts made electronically. It codifies elements of the existing common law of contract and implements much of the EU Directive on Electronic Signatures 1999/93/EC. The Act has no application to a will, power of attorney, sale of land but provides that contracts may not be denied legal effect simply because they are in electronic form. In the formation of a contract, the offer, acceptance (cancellation or revocation) may be communicated electronically (unless otherwise agreed between the parties). The Act provides that the acceptance of an offer may be made by electronic means and normal contractual rules apply and contains complex provisions setting out the time and place where an electronic communication may be deemed to have been dispatched and received. Key definitions to note are as follows: An ‘Electronic Signature’ is defined as data in electronic form which authenticates the originator. An ‘advanced electronic signature’ a signature which is uniquely linked to the signatory, identifies the signatory and any change to the data can be detected.

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