Question

Electronic Commerce Act, 2000

1. Locate the Electronic Commerce Act, 2000 on Canlii, and attach a screenshot of the Act in your answer document.
2. What section of the Electronic Commerce Act, 2000 states that electronic contracts are legally enforceable?
3. A) If a contract is required by law to be in writing, how can this requirement be satisfied electronically? B) What section of the Electronic Commerce Act, 2000 contains this rule?
4. A) What section of the Electronic Commerce Act, 2000 describes the requirements that must be satisfied for an electronic document to be considered an original document? B) In your own words, what are the 2 requirements?

Answer 1

Under IT Act 2000 Section 10- A of the Electronic Commerce Act,2000 states that electronic contract are legally enforceable by law According to this section where in a contract transaction the communication of and acceptance as the case may be expressed in electronic form by means of an electronic record

[A] If a contract is required by law to be in writing than this requirement under electronic contract can be satisfied by meeting the requirement of a law that the information be provided in writing must be able to get to the electronic records and read it and have the ability to get back to the information at a later date and it just require the consent of the government to accept the information in electronic form

[B] Section 7subsection(a) of the electronic commerce act contains this rule

[A] Section 3A of the Electronic commerce act 2000 describes the requirement that must be satisfied for an electronic document to be considered as an original document As Section 3A is of electronic signature that authenticate any electronic record by electronic signature.

[B] The following are the two requirement of an electronic document to be considered as original document-

• First is the Electronic Signature that any electronic document must have an Digital signature in order to be authenticate.
• E-Governance as it provide legal recognition of electronic record and signature and also provide legal recognition of contract formed through electronic means under section 4 to 10A