Electronic Transactions Act 2000

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AT 8 of 2000

ELECTRONIC TRANSACTIONS ACT 2000

Electronic Transactions Act 2000 Index


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c i e
ELECTRONIC TRANSACTIONS ACT 2000

Index Section Page

PART 1 – VALIDITY OF TRANSACTIONS ETC. 5

1 Validity of electronic transactions ................................................................................ 5
2 Time and place of dispatch and receipt of electronic communications .................. 5
3 Attribution of electronic communications .................................................................. 6
PART 2 – APPLICATION OF LEGAL REQUIREMENTS 7

4 Requirement etc to give information in writing ......................................................... 7
5 Signature .......................................................................................................................... 8
6 Production of document ................................................................................................ 9
7 Recording and retention of information .................................................................... 10
8 Exemptions from this Part ........................................................................................... 12
PART 3 – GENERAL 12

9 Registration of certification service providers .......................................................... 12
10 Liability of service providers ...................................................................................... 13
11 Evidence ......................................................................................................................... 15
12 Interpretation ................................................................................................................. 15
13 Regulations .................................................................................................................... 16
14 Short title and commencement ................................................................................... 16
ENDNOTES 17

TABLE OF LEGISLATION HISTORY 17
TABLE OF RENUMBERED PROVISIONS 17
TABLE OF ENDNOTE REFERENCES 17

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c i e
ELECTRONIC TRANSACTIONS ACT 2000

Received Royal Assent: 20 June 2000
Passed: 20 June 2000
Commenced: 1 November 2000
AN ACT
to facilitate electronic transactions, and for connected purposes.
PART 1 – VALIDITY OF TRANSACTIONS ETC.

1 Validity of electronic transactions

(1) For the purposes of any statutory provision or rule of law, a transaction
is not invalid merely because it takes place wholly or partly by means of
one or more electronic communications.
(2) Subsection (1) is subject to the following provisions of this Part and
Part 2.
(3) Regulations may provide that subsection (1) does not apply to —
(a) a transaction of a description specified in the regulations, or
(b) a statutory provision or rule of law so specified.
2 Time and place of dispatch and receipt of electronic communications

(1) Subject to subsection (8), this section applies for the purposes of any
statutory provision or rule of law.
(2) If an electronic communication enters a single information system
outside the control of the originator, then, unless otherwise agreed
between the originator and the recipient of the electronic
communication, the dispatch of the electronic communication occurs
when it enters that information system.
(3) If an electronic communication enters successively 2 or more information
systems outside the control of the originator, then, unless otherwise
agreed between the originator and the recipient of the electronic
communication, the dispatch of the electronic communication occurs
when it enters the first of those information systems.
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(4) If the recipient of an electronic communication has designated an
information system for the purpose of receiving electronic
communications, then, unless otherwise agreed between the originator
and the recipient of the electronic communication, the time of receipt of
the electronic communication is the time when the electronic
communication enters that information system.
(5) If the recipient of an electronic communication has not designated an
information system for the purpose of receiving electronic
communications, then, unless otherwise agreed between the originator
and the recipient of the electronic communication, the time of receipt of
the electronic communication is the time when the electronic
communication comes to the attention of the recipient.
(6) Unless otherwise agreed between the originator and the recipient of an
electronic communication —
(a) the electronic communication is taken to have been dispatched at
the place where the originator has its place of business; and
(b) the electronic communication is taken to have been received at the
place where the recipient has its place of business.
(7) For the purposes of the application of subsection (6) to an electronic
communication —
(a) if the originator or recipient has more than one place of business,
and one of those places has a closer relationship to the underlying
transaction, it is to be assumed that that place of business is the
originator’s or recipient’s only place of business; and
(b) if the originator or recipient has more than one place of business,
but paragraph (a) does not apply, it is to be assumed that the
originator’s or recipient’s principal place of business is the
originator’s or recipient’s only place of business; and
(c) if the originator or recipient does not have a place of business, it is
to be assumed that the originator’s or recipient’s place of business
is the place where the originator or recipient ordinarily resides.
(8) Regulations may provide that this section does not apply to —
(a) an electronic communication of a description specified in the
regulations; or
(b) a statutory provision or rule of law, or a statutory provision of a
description, so specified.
3 Attribution of electronic communications

(1) For the purposes of any statutory provision or rule of law, unless
otherwise agreed between the person by whom an electronic
communication purports to be sent and the recipient of that
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communication, that person is bound by that communication only if the
communication was sent by him or with his authority.
(2) Subsection (1) does not affect a statutory provision or rule of law which
makes provision for —
(a) conduct engaged in by one person within the scope of his actual
or apparent authority to be attributed to another; or
(b) one person to be bound by conduct engaged in by another within
the scope of the other’s actual or apparent authority.
(3) This section does not affect the operation of any statutory provision or
rule of law which provides for a statement made by a person to be
treated as an admission made by a party to any legal proceedings.
(4) Regulations may provide that this section does not apply to —
(a) an electronic communication of a description specified in the
regulations; or
(b) a statutory provision or rule of law, or a statutory provision of a
description, so specified.
PART 2 – APPLICATION OF LEGAL REQUIREMENTS

4 Requirement etc to give information in writing

(1) If a statutory provision or rule of law requires a person to give
information in writing, that requirement is taken to have been met if he
gives the information by means of an electronic communication where
the conditions in subsection (3) are fulfilled.
(2) If a statutory provision or rule of law permits a person to give
information in writing, he may give the information by means of an
electronic communication where the conditions in subsection (3) are
fulfilled.
(3) The conditions referred to in subsections (1) and (2) are that —
(a) at the time the information was given, it was reasonable to expect
that the information would be readily accessible so as to be usable
for subsequent reference; and
(b) if the information is required or permitted to be given to a public
authority or to a person on behalf of a public authority, and the
authority requires that —
(i) the information be given, in accordance with particular
technical requirements, by means of a particular kind of
electronic communication, or
(ii) particular action be taken by way of verifying the receipt of
the information,
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the requirement mentioned in sub-paragraph (i) or (ii) has been
met;
(c) if the information is required or permitted to be given to a person
who is not a public authority and is not acting on behalf of a
public authority, that person consents to the information being
given by way of electronic communication.
(4) This section does not affect the operation of any statutory provision
which requires or permits information to be given, in accordance with
particular technical requirements —
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication.
(5) This section applies to a requirement or permission to give information,
whether the expression ‘give’, ‘send’ or ‘serve’, or any other expression,
is used.
(6) For the purposes of this section, giving information includes, but is not
limited to, the following —
(a) making an application;
(b) making or lodging a claim;
(c) giving, sending or serving a notification;
(d) lodging a return;
(e) making a request;
(f) making a declaration;
(g) lodging or issuing a certificate;
(h) making, varying or cancelling an election;
(i) lodging an objection;
(j) giving a statement of reasons.
5 Signature

(1) If, under any statutory provision or rule of law, the signature of a person
is required, that requirement is taken to have been met in relation to an
electronic communication if —
(a) a method is used to identify him and to indicate his approval of
the information communicated; and
(b) having regard to all the relevant circumstances at the time the
method was used, the method was as reliable as was appropriate
for the purposes for which the information was communicated;
and
(c) if the signature is required to be given to a public authority or to a
person on behalf of a public authority, and the authority requires
that the method used as mentioned in paragraph (a) be in
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accordance with particular technical requirements, that
requirement has been met;
(d) if the signature is required to be given to a person who is not a
public authority and is not acting on behalf of a public authority,
that person consents to that requirement being met by the use of
the method mentioned in paragraph (a).
(2) This section does not affect the operation of any other statutory provision
requiring —
(a) an electronic communication to contain an electronic signature
(however described); or
(b) an electronic communication to contain a unique identification in
an electronic form; or
(c) a particular method to be used in relation to an electronic
communication to identify the originator of the communication
and to indicate the originator’s approval of the information
communicated.
6 Production of document

(1) If, under any statutory provision or rule of law, a person is required to
produce a document which is in the form of paper, an article or other
material, that requirement is taken to have been met if he produces, by
means of an electronic communication, an electronic form of the
document, where the conditions in subsection (3) are fulfilled.
(2) If, under any statutory provision or rule of law, a person is permitted to
produce a document which is in the form of paper, an article or other
material, then, instead of producing the document in that form, the
person may produce, by means of an electronic communication, an
electronic form of the document, where the conditions in subsection (3)
are fulfilled.
(3) The conditions referred to in subsections (1) and (2) are that —
(a) having regard to all the relevant circumstances at the time the
communication was made, the method of generating the
electronic form of the document provided a reliable means of
assuring the maintenance of the integrity of the information
contained in the document;
(b) at the time the communication was made, it was reasonable to
expect that the information contained in the electronic form of the
document would be readily accessible so as to be usable for
subsequent reference; and
(c) if the document is required or permitted to be produced to a
public authority or to a person on behalf of a public authority, and
the authority requires that —
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(i) an electronic form of the document be produced, in
accordance with particular technical requirements, by
means of a particular kind of electronic communication, or
(ii) particular action be taken by way of verifying the receipt of
the document,
the requirement mentioned in sub-paragraph (i) or (ii) has been
met;
(d) if the document is required or permitted to be given to a person
who is not a public authority and is not acting on behalf of a
public authority, that person consents to production, by means of
an electronic communication, of an electronic form of the
document.
(4) For the purposes of this section, the integrity of information contained in
a document is maintained if, and only if, the information has remained
complete and unaltered, apart from —
(a) the addition of any endorsement; or
(b) any immaterial change;
which arises in the normal course of communication, storage or display.
(5) This section does not affect the operation of any statutory provision
which requires or permits electronic forms of documents to be produced,
in accordance with particular technical requirements —
(a) on a particular kind of data storage device; or
(b) by means of a particular kind of electronic communication.
(6) The following does not constitute an infringement of the copyright in a
work or other matter embodied in a document —
(a) the generation of an electronic form of the document for the
purposes of this section; or
(b) the production, by means of an electronic communication, of an
electronic form of the document for the purposes of this section.
7 Recording and retention of information

(1) If, under any statutory provision or rule of law, a person is required to
record information in writing, that requirement is taken to have been met
if he records the information in electronic form, where —
(a) at the time of the recording of the information, it was reasonable
to expect that the information would be readily accessible so as to
be usable for subsequent reference; and
(b) if regulations or any other statutory provision require that the
information, if recorded in electronic form, be recorded on a
particular kind of data storage device, that requirement has been
met.
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(2) If, under any statutory provision or rule of law, a person is required to
retain, for a particular period, a document which is in the form of paper,
an article or other material, that requirement is taken to have been met if
he retains an electronic form of the document throughout that period,
where —
(a) having regard to all the relevant circumstances at the time of the
generation of the electronic form of the document, the method of
generating the electronic form of the document provided a
reliable means of assuring the maintenance of the integrity of the
information contained in the document; and
(b) at the time of the generation of the electronic form of the
document, it was reasonable to expect that the information
contained in the electronic form of the document would be readily
accessible so as to be usable for subsequent reference; and
(c) if regulations or any other statutory provision require that the
information, if retained in an electronic form, be retained on a
particular kind of data storage device, that requirement has been
met.
(3) If, under any statutory provision or rule of law, a person (‘the first
person’) is required to retain, for a particular period, information which
was the subject of an electronic communication, that requirement is
taken to be met if the first person retains, or causes another person to
retain, in electronic form, that information, where —
(a) at the beginning of that period, it was reasonable to expect that
the information would be readily accessible so as to be usable for
subsequent reference; and
(b) having regard to all the relevant circumstances at the beginning of
the retention of the information, the method of retaining the
information in electronic form provides a reliable means of
assuring the maintenance of the integrity of the information
contained in the electronic communication; and
(c) throughout that period, the first person also retains, or causes the
other person to retain, in electronic form, such additional
information obtained by the first person as is sufficient to enable
the identification of the following —
(i) the originator of the electronic communication;
(ii) the recipient of the electronic communication;
(iii) the time when the electronic communication was sent;
(iv) the time when the electronic communication was received;
and
(d) at the beginning of the retention of the additional information
referred to in paragraph (c), it was reasonable to expect that it
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would be readily accessible so as to be usable for subsequent
reference; and
(e) if regulations or any other statutory provision require that the
information, if retained in an electronic form, be retained on a
particular kind of data storage device, that requirement has been
met throughout that period.
(4) For the purposes of subsections (2) and (3), the integrity of information
contained in a document or information which was the subject of an
electronic communication is maintained if, and only if, the information
has remained complete and unaltered, apart from —
(a) the addition of any endorsement; or
(b) any immaterial change;
which arises in the normal course of communication, storage or display.
(5) Where, under any statutory provision, a person is required to make a
document available for inspection, and the document is retained in
electronic form, that requirement is taken to have been met if he makes
the document available for inspection in a visible and legible form.
(6) The generation of an electronic form of a document for the purposes of
this section does not constitute an infringement of the copyright in a
work or other matter embodied in the document.
8 Exemptions from this Part

(1) Regulations may provide that this Part, or a provision of this Part
specified in the regulations, does not apply to —
(a) a requirement so specified;
(b) a permission so specified; or
(c) a statutory provision or rule of law so specified.
(2) This Part does not apply to the practice and procedure of any court or
tribunal; and for this purpose ‘practice and procedure’ includes any
matter in respect of which rules of court may be made.
(3) Nothing in this Part affects any statutory provision or rule of law relating
to evidence in proceedings in any court or tribunal.
PART 3 – GENERAL

9 Registration of certification service providers

(1) Regulations may provide for —
(a) the establishment and maintenance, by such person or authority
as is specified in the regulations, of a register of certification
service providers;
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(b) the conditions for registration;
(c) applications for registration;
(d) the duration of registration;
(e) removal from the register;
(f) appeals against decisions relating to applications for registration
and removal from the register;
(g) fees for applications for, and continuance of, registration;
(h) the admissibility of statements as to entries on the register.
(2) Regulations may make it an offence for any person —
(a) to make a statement which is false in a material particular, or
recklessly to make a statement which he knows to be false in a
material particular, or to withhold any material information, for
the purpose of securing the making or retention of any entry on,
or the removal of any entry from, the register; or
(b) falsely to represent himself to be entered in the register;
and may provide for a person guilty of such an offence to be liable on
summary conviction to a penalty not exceeding that specified in the
regulations (which shall not exceed a fine of £5,000 or custody for a term
of 6 months or both).
(3) In this section —
‘certificate’ means a communication which purports to confirm the identity of
the originator of an electronic communication, by reference to an
electronic signature attached to or logically associated with the latter
communication;
‘certification service provider’ means a person who, in the course of his
business, issues certificates in relation to electronic signatures;
‘electronic signature’ means data in electronic form which are attached to or
logically associated with other electronic data and serve as a means of
authentication;
‘register’ means the register of certification service providers established by
regulations, and ‘registration’ has a corresponding meaning.
10 Liability of service providers

(1) In proceedings against a service provider for any offence consisting of or
arising out of the handling of an electronic communication by means of
his system, it shall be a defence for him to show that he was not the
originator of the communication and either —
(a) he did not know and had no reasonable cause to suspect that the
handling of the communication would (apart from this
subsection) constitute or give rise to that offence; or
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(b) as soon as reasonably practicable after he knew or had reasonable
cause to suspect that the handling of the communication would
(apart from this subsection) constitute or give rise to that
offence —
(i) he took such steps as were reasonable to prevent such
handling by means of his system; and
(ii) he notified a responsible authority of any relevant facts in
his possession.
(2) A service provider is not subject to any civil liability in respect of an
electronic communication which is handled by means of his system if he
was not the originator of the communication and either —
(a) he did not know and had no reasonable cause to suspect that the
handling of it would (apart from this subsection) give rise to that
liability; or
(b) as soon as reasonably practicable after he knew or had reasonable
cause to suspect that the handling of the communication would
(apart from this subsection) give rise to that liability, he took such
steps as were reasonable to prevent such handling by means of his
system.
(3) A service provider is not subject to any civil liability for any action he
takes in good faith pursuant to subsection (1)(b) or (2)(b).
(4) A service provider is not required to monitor any electronic
communication handled by means of his system in order to ascertain
whether its handling would (apart from this section) constitute or give
rise to an offence or give rise to civil liability.
(5) Except as provided by subsection (3), nothing in this section relieves a
service provider from —
(a) any obligation to comply with an order or direction of a court or
other competent authority; or
(b) any contractual obligation.
(6) In this section —
‘handle’, in relation to an electronic communication, means generate, send,
transmit, receive, store or otherwise process the communication;
‘responsible authority’, in relation to an offence with which a service provider is
charged, means —
(a) a constable, or
(b) such authority (if any) in the Island as appears to the service
provider to be responsible for enforcing the statutory provision
creating the offence;
‘service provider’ means a person who maintains an information system or
telecommunication system (‘his system’) by means of which, on behalf of
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another, he handles electronic communications, and includes a servant or
agent of such a person.
11 Evidence

(1) Nothing in the rules of evidence shall operate to prevent information
recorded in electronic form being admissible in evidence in proceedings
in any court or tribunal —
(a) solely on the ground that it is recorded in electronic form, or
(b) on the ground that it is not in its original form, if it is the best
evidence that the person adducing it could reasonably be
expected to obtain.
(2) Information recorded in electronic form and adduced in evidence in that
form shall be given such weight as is appropriate in all the
circumstances; and in determining what weight should be given to it,
regard shall be had to —
(a) the reliability of the means by which it was generated, sent,
transmitted, received, stored or otherwise processed;
(b) the reliability of the means by which its integrity was maintained;
(c) the means by which its originator was identified; and
(d) any other material facts.
(3) This section does not affect —
(a) Part 2 of the Administration of Justice Act 2008, or1

(b) section 7 of, and Schedule 1 to, the Criminal Justice Act 1991.
12 Interpretation

In this Act —
“consent
” includes consent which can reasonably inferred from the conduct of
the person concerned;
“data
” includes the whole or part of a computer program;
“data storage device
” means any article or material (for example, a disk) from
which information is capable of being reproduced, with or without the
aid of any other article or device;
“electronic communication
” means a communication, by means of a
telecommunication system, of information —
(a) in the form of data, text or images, or
(b) in the form of speech, where the speech is processed at its
destination by an automated voice recognition system;
“information
” means information in the form of data, text, images or speech;
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“information system
” means a system for generating, sending, receiving,
storing or otherwise processing electronic communications;
“public authority
” means —
(a) any person holding office under the Crown (whether in right of
the Isle of Man or in right of the United Kingdom);
(b) any Department or Statutory Board;
(c) any government department of the United Kingdom;
(d) any local authority or joint board;
“place of business
”, in relation to a public authority or voluntary body, means
a place where its operations or activities are carried out;
“regulations
” means regulations made by the Department of Economic
Development or the Treasury;2

“technical requirements
” means the requirements of any information
technology, and includes software requirements;
“telecommunication system
” has the same meaning as in the
Telecommunications Act 1984;
“transaction
” includes a transaction of a non-commercial nature;
“voluntary body
” means a body the activities of which are carried on otherwise
than for profit, but does not include a public authority.
13 Regulations

(1) Subject to subsection (2), regulations under this Act shall not have effect
unless they are approved by Tynwald.
(2) If the Treasury is satisfied that it is necessary to do so, it may provide in
regulations made by it under this Act that this subsection shall apply to
them; and in that case —
(a) the regulations may come into operation before they are approved
by Tynwald;
(b) they shall be laid before Tynwald as soon as may be after they are
made; and
(c) unless they are approved by Tynwald at the next or next-but-one
sitting after they are made, the regulations shall cease to have
effect.
14 Short title and commencement

(1) This Act may be cited as the Electronic Transactions Act 2000.
(2) This Act shall come into operation on such day as the Department of
Trade and Industry may by order appoint.3

Electronic Transactions Act 2000 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (a) substituted by Administration of Justice Act 2008 Sch 1. 2
Definition of ‘regulations’ amended by SD155/10 Sch 2. 3
ADO (whole Act) 1/11/2000 (SD530/00).