BILL ii

Supplement to the Sierra Leone Gazette Vol. CXLX, No. 9

PART IV - CONSUMER PROTECTION
dated 24th January, 2019

THE ELECTRONIC TRANSACTIONS ACT, 2018 13. Information to be provided in electronic commercial activity.
14. Conclusion of electronic contracts with consumers.
ARRANGEMENT OF SECTIONS
15. Applicable law.
Section. 16. Consumer's rights and privileges.
17. Consumer's right of withdrawal.
PART 1–PRELIMINARY 18. Unsolicited goods, services or communication.
19. Performance of electronic transactions.
1. Interpretation.
20. Obligation of supplier.
2. Application.
21. Default by supplier.

PART II - LEGAL EFFECT OF ELECTRONIC INFORMATION AND

PART V-LIABILITY OF SERVICE PROVIDERS
ELECTRONIC TRANSACTIONS

22. Liability of network service providers.

3. Validity and enforceability of electronic information.
23. Information location tools.
4. Notarisation, acknowledgment and certification.
24. Notification of infringing data message or activity.
5. Retention of information or record.
25. Service provider not obliged to monitor data.
6. Electronic signature.
7. Requirements to produce a document for inspection or in its original form.
8. Admissibility and evidential weight of electronic information.
PART VI-MISCELLANEOUS
26. Regulations.
PART III - VALIDITY OF ELECTRONIC TRANSACTIONS

9. Challenge of validity or enforceability.

10. Time and place of dispatch.
11. Electronic message sent by sender.
12. Acknowledgment of receipt of electronic message.
 26 No. The Electonic Transaction Act 2018

MEMORANDUM OF OBJECTS AND REASONS

The object of this Bill is to provide for the formal recognition of the legal effect of
electronic transactions including electronic signatures, to provide for the
admissibility of electronic messages in evidence, to provide for the validity or
enforceability of contracts executed in electronic form and to provide for other
related matters.

No. 2019

Sierra Leone

A BILL ENTITLED
MADE this day of November, 2018.
THE ELECTRONIC TRANSACTIONS ACT, 2018 Short title.

Being an Act to provide for the formal recognition of the

MOHAMED RAHMAN SWARAY legal effect of electronic transactions including electronic
Minister of Informationa and Communications signatures, to provide for the admissibility of electronic messages
FREETOWN, in evidence, to provide for the validity or enforceability of contracts
executed in electronic form and to provide for other related matters.
SIERRA LEONE.
OCTOBER, 2018.

[ ]
Date of com-
mencement.
ENACTED by the President and Members of Parliament in this
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. present Parliament assembled.
GAZETTE NO. 9 OF 24TH JANUARY, 2019.
2 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 3

PART I – PRELIMINARY (b) any services or facilities, means any person

who employs or wishes to be provided with
Interpretation.
1. In this Act, unless the context requires otherwise – such services or facilities; and

“advanced electronic signature” means an electronic (c) any accommodation, means any person who
signature which meets the requirements of electronic wishes to occupy the accommodation;
identification and trust services for electronic
transactions that is - “data” means electronic representations of information
in any form;
(a) uniquely linked to the signatory;
“data message” means data generated, sent, received
(b) capable of identifying the signatory; or stored by a computer and includes -

(c) created using electronic signature creation (a) voice, where the voice is used in an
data that the signatory can, with a high level automated transaction; and
of confidence, use under his sole control;
and (b) stored record;

“digital certificate” means a record issued for the

(d) linked to the data signed in such a way that
purpose of supporting an electronic signature that -
any subsequent change in the data is
detectable;
(a) purports to confirm identity or other
- significant characteristics;
“commercial communication” means any electronic
communication which constitutes an offer for sale,
(b) names or identifies the person to whom it is
hire or exchange of goods, services or facilities;
issued;
“consumer” in relation to-
(c) contains the public key of the person to whom
it is issued; and
(a) any goods, means-
(d) is signed by a responsible officer;
(i) any person who acquires or wishes to
acquire goods for his own private use “electronic message” means any communication
or consumption; or created, sent, received or stored by electronic
communications, including computerised data
(ii) a commercial undertaking that exchange system, electronic mail system and instant
purchases consumer goods; messaging;

“electronic signature” means information that is -

4 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 5

(a) contained in, attached to or logically “person” includes any association or body of persons
associated with an electronic document; and corporate or unincorporated;

(b) used by a signatory to indicate his adoption “personal information” means information about an
of the content of that document, but does identifiable individual, including -
not include any signature produced by a
facsimile machine or by an electronic (a) information relating to the race, gender,
scanning device; marital status, nationality or ethnicity, colour,
sexual orientation, age, physical or mental
“goods” includes all kinds or property other than real health, disability, religion, social or political
property, securities, money or choses in action; views, language or birth;

information” includes data, text, images, sounds, (b) information relating to the education or the
codes, computer programmes, software and medical, criminal, credit or employment
databases; history of the individual;

“information system” means a system for generating, (c) information about financial transactions in
sending, receiving, storing, displaying or otherwise which the individual is or has been involved;
processing data messages and includes the internet
or any other information sharing system; (d) the address, fingerprints or blood type of
the individual;
“Minister” means the minister responsible for
information and communications; (e) the name of the individual where it appears
with other personal information relating to
“National Civil Registration Authority” means the the individual or where the disclosure of the
National Civil Registration Authority established name itself would reveal personal information
by section 2 of the National Civil Registration about the individual;
Authority Act, 2016 (Act No. 14 of 2016);
(f) correspondence sent by the individual that
“National Revenue Authority” means the National is implicitly or explicitly of a private or
Revenue Authority established by section 3 of confidential nature, or further
the National Revenue Authority Act, 2002 (Act No. correspondence that would reveal the
11 of 2002); contents of the original correspondence; and

“open standard” means a standard that is publicly (g) the views or opinions of any person about
available and has various rights to use associated an individual;
with it and may also have various properties of how
it was designed;
6 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 7

“qualified digital certificate” means a public key (d) contract for the sale or disposition of
certificate issued by a qualified trust service provider immovable property or any interest in the
that ensures the authenticity and data integrity of property ;
an electronic signature and its accompanying
message; (e) conveyance of immovable property or the
transfer of any interest in immovable
“qualified trust service provider” means a person or property; and
legal entity providing and preserving digital
certificates to create and validate electronic (f) any other document of title.
signatures and to authenticate their signatories;
PART II - LEGAL EFFECT OF ELECTRONIC INFORMATION
“service provider” means AND ELECTRONIC TRANSACTIONS

(a) any public or private entity that provides to 3. (1) Where a law requires that information is to be in Validity and
enforceability
the users of its service, the ability to written form or specific consequences shall be imposed in the absence of electronic
communicate by means of a computer of such information in written form, the requirement will be satisfied information.
system, and and no such consequence shall be imposed, if the information is -

(b) any entity that processes or stores computer (a) contained in an electronic message from the
data on behalf of a communication service first time it was created in a final version and
or users of such service; there is sufficient assurance of its integrity;
and
“supplier” means a person who offers by means of
electronic transactions, any goods, services or (b) available and can be presented to any person
facilities for sale, hire or exchange; to whom it is to be made available.

“Taxpayer Identification Number” means the number (2) The criteria for assessing–
issued by the Commissioner-General of the
National Revenue Authority to a person for the (a) the integrity of information under paragraph
purpose of the person’s registration under the Goods (a) of subsection (1), shall be based on
and Services Act, 2009 (Act No. 6 of 2009). whether the information has remained
complete and unaltered, except for any
Application. 2. This Act shall not apply to a – addition of endorsement or change that may
arise in the normal course of communication,
(a) will or codicil; storage and display; and
(b) power of attorney;
(c) negotiable instrument;
8 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 9

(b) the standard of availability required under (2) The obligation to retain a document, record or
paragraph (b) of subsection (1), shall be information under subsection (1) shall not extend to information
based on the purpose for which the generated solely for the purpose of enabling a document, record or
information was created in the light of all the information to be sent or received.
circumstances thereof.
6. (1) Where the signature of a person is required by law or Electronic
Notarisation, signature.
4. (1) Where a law requires a signature, statement or specific consequences are imposed in the absence of such signature,
acknowledgment
and certi-
document to be notarised, acknowledged, verified or made under the requirement will be satisfied and no such consequence shall be
fication. oath, that requirement shall be met if the advanced electronic signature imposed, if an electronic signature of that person is supported by a
of the person authorised to perform the act is attached, incorporated qualified digital certificate issued in advance.
or logically associated with the electronic signature or data message.
(2) Where it is proved that no intentional wrongful
(2) Where a law requires or permits a person to provide a conduct or negligence was involved, a qualified trust service provider
certified copy of a document and the document exists in electronic who issues a qualified digital certificate shall be responsible for any
form, the requirement will be met if the person provides a print out of damage incurred by a person who reasonably relied on the qualified
the document that is certified to be a true reproduction of the digital certificate where –
document.
(a) all or part of the information contained in the
(3) Where a law requires or permits a person to provide a qualified digital certificate on the date of
certified copy of a document and the document exists in paper or issuance was incorrect;
other physical form, that requirement will be met if an electronic copy
of the document is certified to be a true copy and certification is (b) all or part of the data required for the qualified
confirmed by the use of an advanced electronic signature. digital certificate to be regarded as qualified
were incomplete;
Retention of 5. (1) Where a law requires that a document, record or
information information be retained in electronic form, the document, record or (c) the qualified digital certificate was issued
or record. without checking that the signatory is duly
information shall –
entitled to receive such certificate; and
(a) remain accessible and can be used for
subsequent reference; (d) the qualified trust service provider has not
registered a revocation of the qualified digital
(b) be in the form in which it was originally certificate or made this information available
generated, sent or received; and to third parties.

(3) A qualified trust service provider of a qualified digital

(c) enable the identification of the origin and
certificate shall not be responsible for damage caused by the use of
destination of the electronic record and the
a digital certificate that exceeds fixed limits on the use or the value of
date and time when it was sent or received.
transactions for which the digital certificate has been used, provided
that these conditions have been made available to users.
10 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 11

Requirements 7. (1) Where a law requires or permits information to be PART III - VALIDITY OF ELECTRONIC TRANSACTIONS
to produce a
document for
presented in its original form or to be made available for inspection,
inspection or the requirement will be satisfied if the information is produced 9. (1) The validity or enforceability of any transaction Challenge of
in its original electronically cannot be challenged for the sole reason that the transaction was validity or
form. enforce-
executed in electronic form. ability.
(2) Having regard to all the relevant circumstances at the
time, the method of producing information electronically under (2) Unless otherwise agreed by the parties, an offer and
subsection (1), shall not compromise the integrity of the information. acceptance of an offer may be expressed by electronic message and
wherean electronic messageis used for thepurposeof concluding a
(3) The criteria for assessing the integrity of information contract, the validity or enforceability of the contract cannot be
produced electronically under subsection (2) shall be the purpose challenged for the sole reason that an electronic message was used.
for which the information is produced and any other relevant factor.
(3) A contract concluded between parties by means of
(4) Information presented electronically under subsection electronic messages shall beconcluded at the timeand the placethe
(1), shall be readily accessible so as to be useable for subsequent acceptance of the offer was received by the recipient.
reference.
10. (1) The time of dispatch of an electronic message shall Time and
place of
Admissibility 8. (1) Information in the form of an electronic message shall be the time when the electronic message leaves an information system dispatch.
and eviden- be admissible as evidence in any Court in Sierra Leone on the same under the control of the sender or of the party that sent the information
tial weight of
electronic level as information in written or oral form. on behalf of the sender.
information.
(2) The evidential value of an electronic message shall (2) The time of receipt of an electronic message shall be
be assessed based on the creation, storage conditions, methods of the time when the message is accessed by the recipient via the
communication, integrity, preservation and identification of the electronic address designated by the recipient.
sender.
(3) An electronic message shall be presumed to be
(3) In any legal proceeding, an electronic message shall accessible to the recipient when the electronic message reaches the
not be inadmissible in evidence for the sole reason that - recipient’s electronic address.

(a) the electronic message was used; and 11. (1) An electronic message shall be considered to be sent, Electronic
message sent
when it is sent by - by sender.
(b) the person using such electronic message is
unlikely to obtain more supportive evidence (a) a sender;
to sustain his claim.
(b) a party authorised to act for that
purpose on behalf of the sender;
or
12 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 13

(c) an information system programmed by the 12. (1) Where a sender, before or during the dispatch of an Acknowledgment
sender or on behalf of the sender to send electronic message or in the content of such electronic message, of receipt of
electronic
electronic messages automatically. asks the recipient to acknowledge receipt of the electronic message, message.
or agrees on such acknowledgement of receipt and the sender does
(2) An electronic message may be considered to have not agree with the recipient that an acknowledgement of receipt
come from the sender if - should be given in a certain form or according to a certain method,
receipt may be acknowledged -
(a) the procedure previously accepted for that
purpose by the sender has been complied (a) by any communication, whether automated
with; and or not, originating from the recipient; and

(b) the electronic message received was the (b) by any act of the recipient, sufficient to notify
result of the action of a person who has had the sender that the electronic message was
access to the methods of identification used received.
by the sender.
(2) Where a sender requires the acknowledgement of
(3) Subsection (2) shall not apply where - receipt of an electronic message, the electronic message may not be
considered as sent until its receipt is acknowledged and where the
(a) the sender timely notified the recipient that sender agrees with the recipient that an acknowledgement of receipt
he did not send an electronic message; or of an electronic message should be given in a certain form or according
to a certain method, the electronic message may not be considered
(b) the recipient knew, or should have known as sent until its receipt is acknowledged in that form or by that method.
after having taken reasonable steps or
complied with an agreed procedure, that an (3) Where a sender does not require the
electronic message did not come from the acknowledgement of receipt of an electronic message, and the sender
sender. has not received acknowledgement within the agreed period of time
or if no such period was agreed, within a reasonable period of time,
‘(4) Where an electronic message came or was considered the sender shall-
to have come from the sender, the recipient shall be entitled to consider
that the sender agreed to acknowledge the authenticity of the (a) notify the recipient that no acknowledgement
electronic message as it was received of receipt was obtained and fix the time
during which such acknowledgement should
(5) The recipient shall consider each electronic message be received; and
received as a separate electronic message unless it duplicates another
electronic message and the recipient knew or should have known, (b) if the acknowledgement of receipt was not
after having taken reasonable steps or complied with an agreed received during the period stipulated in
procedure, that the electronic message was a duplicate. subparagraph (a), consider that the electronic
message was not sent, or exercise any
other right that he is entitled to.
14 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 15

(4) Where the sender receives acknowledgement of (f) Professional regulation - if the activity of
receipt by the recipient, the electronic message shall be considered the person is subject to professional
received by the recipient except that this presumption shall not mean regulation, reference to the applicable
that the electronic message corresponds to the message sent. professional rules, his professional title, the
state where the title was granted, as well as
(5) Where the acknowledgement of receipt indicates that the name of the professional order or
the electronic message meets technical conditions prescribed either organisation where the person is registered;
by agreement or by law, it shall be deemed that the technical conditions and
have been complied with.
(g) self-regulated organisation - if the person
PART IV - CONSUMER PROTECTION belongs to a self-regulated organisation,
professional association, organisation for
Informa tion 13. (1) A person engaged in electronic commercial activity dispute settlement or any other relevant
to be provided for the sale of goods or services shall enable the recipients of the certification organisation, he shall provide
in electronic relevant information and ensure easy means
commercial
goods or services have easy and direct access, in open standard, to
activity. the following information - of verifying his membership, and of access
to the codes and practices applicable in the
(a) Name- the names of a natural person, or the organisation.
corporate name of a legal entity;
(2) A person engaged in electronic commercial activity
(b) Address - the address where the natural for the sale of goods or services shall provide every potential
person is permanently domiciled, his email consumer, before concluding a contract, with sufficient information
address, and telephone number, or the regarding the terms, conditions and costs associated with the
address where the legal entity is established, transaction, so that the consumer is able to make commitments in
its email address and telephone number, full knowledge of the scope of his rights and obligations arising out
which permits effective communications with of the transaction, including -
such person;
(a) an exact and detailed description of goods or
(c) Registration - if the person is subject to services which are the subject of the contract;
registration, the registration number,
corporate capital, and corporate headquarters (b) instructions for use, and in particular the
address; warnings related to security and health;

(d) Tax - if the person is subject to a tax on (c) restrictions, limitations or conditions related
consumer goods and services and has an to the purchase, such as an agreement of a
identification number, his Tax Identification parent or of a guardian, as well as any
Number; territorial or temporal restrictions;

(e) Authorisation - if the person is subject to an (d) an indication of the price, in a clear and
authorisation or licensing regime, the name unambiguous manner, including possible
and authority that issued the authorisation taxes and costs of shipping and delivery to
or licence; be paid by the consumer, and terms and
conditions of payment;
16 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 17

(e) conditions of delivery or of execution (d) if the contract is archived, the conditions of
indicated by the supplier before the such archiving by the offeror and the
conclusion of the contract, the time within conditions of access to the archived contract;
which it undertakes to deliver the good or to
provide the service, and by default the (e) if applicable, the way to consult electronically,
supplier shall be bound to deliver the good professional and commercial rules the offeror
or to provide the service immediately upon considers binding.
concluding the contract, and in case of non-
compliance with the deadline, the consumer (3) A contract concluded by electronic means under
shall be entitled to terminate the agreement; subsection (1), shall be archived for a period of not less than 10 years
from the conclusion of the contract.
(f) information regarding available after-sale
service; 15. (1) The activities within the scope of this Act shall be Applicable
subject to the law of the country on whose territory the person law.
(g) details and conditions of withdrawal, carrying out the activity is established.
denunciation, return, cancellation or
reimbursement; and (2) Without prejudice to the freedom of the parties in
choosing the laws that apply to their transactions, where the parties
(h) warranty conditions. fail to choose, the law to be applied shall be the law of current residence
of the consumer.
Conclusion 14. (1) Where a person engaged in electronic commercial
of electronic Consumer’s
activity for the sale of goods or services offers to a consumer, by 16. A consumer shall be entitled to-
contracts rights and
with con- electronic means, the provision of goods or services, he shall make privileges.
sumers. available to the consumer, applicable contractual terms and (a) a statement of his rights and obligations;
conditions in a way that ensures their preservation and reproduction (b) a prior notice, individual or public, in regard
and, without prejudice to the conditions of validity mentioned in the to any change in tariffs;
offer, he shall remain bound by the offer as long as he keeps it
accessible by electronic means. (c) the right to be notified about planned
interruption or termination of services;
(2) An offer to a consumer by electronic means under
subsection (1), shall indicate - (d) a copy of a periodically updated directory
where applicable;
(a) the various steps to follow in order to
conclude the contract by electronic means; (e) the right to opt out of unsolicited electronic
messages;
(b) the technical means that permit the consumer, (f) instructions for the use of service and a
before the conclusion of the contract, to statement of his rights and obligations;
identify errors made during the entry of the
data and to correct them; (g) privacy of communications;
(c) the proposed language for the conclusion of
(h) the right to complain and to be heard about
the contract;
quality, delay, quantity and tariff with regard
to the nature of the electronic service
provided;
18 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 19

(i) compensation in case service is denied or (c) goods made according to the consumer’s
interrupted due to an act or omission of the own specifications, or clearly personalised,
service provider, unless force majeure; or goods that by their nature cannot be
(j) a regular statement of charges payable for returned or are liable to deteriorate rapidly;
the service received; and
(d) audio or video recordings or software if
(k)access of consumer protection associations unsealed by the consumer;
of Sierra Leone to the commission for redress
of his grievances, if he fails to get satisfaction (e) newspapers, periodicals or magazines; and
from the operator.
(f) betting and authorised lotteries.
Consumer’s 17. (1) A consumer may cancel a contract concluded by
right of electronic means without explanation and without penalties - Unsolicited
withdrawal. 18. (1) Any person who sends unsolicited commercial
goods,
communication to consumers shall provide the consumer with - services or
(a) with respect to goods, during a period of 7 communication.
days from the receipt of the goods; and (a) the option to cancel his subscription to the
mailing list of that person ; and
(b) with respect to services, during a period of 7
days from the conclusion of the contract. (b) the identifying particulars of the source from
(2) Where a consumer cancels a contract under which the person obtained the consumer’s
subsection (1), the consumer may, if necessary, bear return costs. personal information on request of the
consumer.
(3) A person engaged in electronic commercial activity
shall reimburse the consumer for all sums paid on a contract cancelled (2) Where a consumer fails to respond to an unsolicited
by a consumer under subsection (1), as soon as possible, but not communication no agreement shall be deemed to be concluded.
later than 14 days after the consumer has exercised the right to cancel
and reimbursement made beyond that date shall accrue interest at (3) A person who contravenes subsection (1) commits
the applicable bank rate. an offence and is liable, on conviction, to a fine not exceeding 10
Million Leones or to imprisonment not exceeding 12 months or both
(4) Reimbursement under subsection (3) may be the fine and imprisonment.
conducted by any means of payment proposed by the person
19. (1) A contract executed by electronic means cannot be Performance
engaged in electronic commercial activity except that where the of electronic
consumer has exercised the right of withdrawal, he may opt for other validly concluded, unless the consumer has had the possibility of transactions.
conditions of reimbursement. verifying the details of the order and the overall price, as well as
clarifying potential errors before finally confirming acceptance of
(5) Unless otherwise agreed by the parties, no right of the offer.
withdrawal can be exercised for contracts concluded by electronic
means relating to the provision of - (2) An offeror shall acknowledge receipt of the order of a
customer by electronic means without unjustified delay.
(a) services that started, with the consumer’s
consent, before the end of a period of 7 days; (3) Where an offer is made by electronic means, the
acceptance of that offer and the acknowledgement of receipt of such
(b) goods or services where the price depends acceptance shall be considered to be received when the party to
on fluctuations in financial market rates; which they are addressed is able to access them.
20 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 21

Obligation of 20. (1) A supplier shall, on the website where goods or (j) the time within which the goods will be
supplier. services are offered for sale, make available to the consumer the dispatched or delivered, the services
following information - rendered or the facilities made available;

(a) the full name of the supplier; (k) the manner and period within which
consumers can access and maintain a full
(b) the supplier’s address (where he receives record of the transaction;
service of legal documents), website, e-mail (l) the return, exchange and refund policy of the
address and telephone number; supplier;
(c) a disclosure as to whether the entity is (m) any dispute resolution code to which the
incorporated or registered under any law and supplier subscribes and how the text of that
where applicable the supplier’s registration code may be accessed electronically by the
number and place of registration; consumer;
(d) details as to membership in any self-
regulatory or accreditation bodies to which (n) the security procedures and privacy policy
the supplier belongs or subscribes and the of the supplier in respect of payment,
contact information of such bodies; payment information and personal
information;
(e) a description of any code of conduct to which
the supplier subscribes and how the code (o) where appropriate the minimum duration of
may be accessed electronically by the the agreement in the case of agreement for
consumer; goods, services or facilities to be supplied
on an ongoing basis or recurrently.
(f) a description of the main characteristics of
each type of goods, service or facility offered (2) The supplier shall provide the consumer with an
on the website by the supplier, which is opportunity to do the following -
reasonably sufficient to enable the consumer
to make an informed decision as to the (a) review the entire electronic transaction;
proposed electronic transaction;
(b) correct any errors;
(g) the full price of the goods, services or facilities
including transportation cost; taxes and any (c) withdraw from the transaction before finally
other fees or cost; lacing; and

(h) the method of payment required by the (d) access electronically and reproduce an
supplier; accurate summary of the order and the terms,
including the total cost, relating thereto.
(i) the terms of agreement including any
guarantees that will apply to the transaction (3) Where a supplier fails to comply with subsection
and how those terms may be accessed, stored (1) or (2), the consumer is entitled to cancel the transaction within 14
and reproduced by the consumer days after receiving the goods, services or facilities to which the
electronically; transaction applies.
22 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 23

(4) Where a transaction is cancelled under PART V-LIABILITY OF SERVICE PROVIDERS

subsection (3)-
22. (1) Subject to subsection (2) a network service provider Liability of
Network
(a) the consumer shall return the goods and shall not be subject to any civil or criminal liability in respect of third- Service
cease using the services or facilities supplied party material in the form of an electronic record to which he merely providers.
pursuant to the transaction, as the case may provides access where liability is limited to -
require; and
(a) the making, publication, dissemination or
(b) the supplier shall refund all payments made distribution of such materials or any
by the consumer in respect of the transaction. statement made in such material; or

(5) The supplier shall utilise a payment system that is (b) the infringement of any right subsisting in or
sufficiently secure having regard to- in relation to such material.

(a) accepted technological standards at the time (2) Nothing in this section shall affect -
of the transaction; and
(a) an obligation founded on contract;
(b) the type of transaction concerned.
(b) the obligation of a network service provider
(6) The supplier is liable for any damage suffered by a as such under a licensing or other regulatory
consumerdue to a failure by the supplier to comply with subsection regime established under any enactment; or
(5).
(c) any obligation imposed under any enactment
Default by 21. (1) Where a supplier fails to perform its side of the contract, or by a Court to remove, block or deny access
supplier. on the grounds that the goods or services ordered are unavailable, to any material.
the supplier shall inform the consumer of this situation, refund any
sums paid as soon as possible but not later than 30 days and refund (3) For the purposes of this section -
made beyond that date, shall accrue interest at the applicable bank
rate. “provide access”, in relation to third-party material
means to provide the necessary technical means by
(2) Where it is provided for in the contract that the which third-party material may be accessed and
supplier may supply goods or services of equivalent quality and includes the automatic and temporary storage of
price to the consumer in the event that the goods or services ordered the third party material for the purpose of providing
are unavailable the supplier shall supply goods or services of access;
equivalent quality and price and inform the consumer accordingly.
“third-party” , in relation to a network service provider,
(3) Where a supplier fails to perform his side of the means a person over whom the provider has no
contract under subsection (1), and the consumer opts to exercise his effective control.
right of withdrawal for goods delivered under such circumstances,
the supplier shall bear the return costs. 23. Where a service provider refers or links users to a data Informa tion
loca tion
message containing an infringing data message or infringing activity, tools.
the service provider is not liable for damage incurred by the user if
the service provider –
24 No. The Electonic Transaction Act 2018 No. The Electonic Transaction Act 2018 25

(a) does not have actual knowledge that the data (g) a declaration that the person complaining is
message or an activity relating to the data acting in good faith; and
message is infringing the rights of the user;
(h) a declaration that the information in the
(b) is not aware of the facts or circumstances notification is correct to his knowledge.
from which the infringing activity or the
infringing nature of the data message is (2) A person who knowingly makes a false statement on
apparent; the notification in subsection (1) is liable to the service provider for
the loss or damage suffered by the service provider.
(c) does not receive a financial benefit directly
attributable to the infringing activity; or 25. (1) For the purpose of complying with this Part a service Service
provider is not obliged to - providernot
obliged
(d) removes or disables access to the reference to monitor
or link to the data message or activity (a) monitor the data which the service provider data.
within a reasonable time after being informed transmits or stores ; or
that the data message or the activity relating
to the data message infringes the rights of (b) actively seek for facts or circumstances
the user. indicating an unlawful activity.
Notification 24. (1) A person who complains that a data message or an (2) The Minister may by statutory instrument prescribe
of infringing
data message
activity relating to the data message is unlawful shall notify the the procedure for service providers to –
or activity. service provider or his designated agent in writing and the
notification shall include- (a) inform the competent public authorities of
any alleged illegal activities undertaken or
(a) the full name and address of the person information provided by recipients of their
complaining; service; and

(b) the written or electronic signature of the (b) communicate information enabling the
person complaining; identification of a recipient of the service
provided by the service provider, at the
(c) the right that has allegedly been infringed; request of a competent authority.

(d) a description of the material or activity which

is alleged to be the subject of the infringing PART VI–MISCELLANEOUS
activity;
26. The Minister may by statutory instrument make Regulations.
(e) the remedial action required to be taken by Regulations for giving effect to this Act.
the service provider in respect of the
complaint;

(f) telephone and electronic contact details of

the person complaining;