Electronic Commerce Act 2006

Original Language Title: Electronic Commerce Act 2006

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Electronic Commerce 1 laws of MALAYSIA Act 658 PRINT electronic commerce ACT 2006 As at 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act Royal Assent Date 658...... August 30, 2006 date published in the Gazette and. .. August 31, 2006 electronic commerce 3 laws of MALAYSIA Act 658 ACT electronic commerce 2006 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Application of the 3. The use of non-mandatory 4. References to other written law 5. Interpretation part II the legal RECOGNITION of ELECTRONIC MESSAGES 6. Legal recognition of electronic messages 7. Formation and validity of contracts part III MEETS the REQUIREMENTS of the law through ELECTRONIC MEANS 8. 9 writings. Signature of 10. The seal 11. 12 witnesses. The original 13. Storage of documents 14. A copy of the 4 laws of Malaysia Act 658 section 15. The prescribed form 16. Presentation and submission part IV ELECTRONIC MESSAGE COMMUNICATION 17. Presumption of electronic message 18. Electronic message content 19. Every electronic message is considered to be a separate 20. Time of posting 21. Time of receipt of 22. Place of posting 23. Place of receipt 24. Pengakuterimaan part V MISCELLANEOUS 25. Regulations Schedule electronic commerce 5 laws of MALAYSIA Act 658 ACT electronic commerce 2006 an act to provide legal recognition of electronic messages in trade transactions, the use of electronic messages to meet the requirements of the law and to allow and facilitate trade transactions through the use of electronic means and other matters relating thereto.
[October 19, 2006; P.u. (B) 280/2006] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Electronic Commerce Act, 2006.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
application 2. (1) subject to section 3, this Act shall apply to any trade transactions conducted through electronic means, including trade transactions by the Federal Government and the State Government.
(2) this Act shall not apply to transactions or documents specified in the schedule.
6 laws of Malaysia Act 658 (3) the Minister may by order amend, alter, delete from or add to the table.
the use of non-mandatory 3. (1) there is nothing in this Act can make it mandatory for a person to use, give or receive any electronic message in any trade transactions unless such person is consenting to the use, provision or receipt of the electronic message.
(2) the consent of a person to use, give or receive any electronic message in any trade transactions can be inferred from the conduct of such person.
references to other written law 4. Application of this Act shall be in addition to its nature and without prejudice to any other law regulating trade transactions.
Interpretation 5. In this Act, unless the context otherwise requires — "electronic" means technology that uses electricity, optical, magnetic, electromagnetic, biometrics, photonik or such other technology;
"Minister" means the Minister charged with the responsibility for domestic trade and Consumer Affairs;
"electronic message" means information generated, sent, received or stored via electronic means;
"beginners" means a person who through it or on its behalf, an electronic message is generated or sent;
"recipient" means a person who is intended by beginners to receive an electronic message;
Electronic commerce 7 "information processing system" means an electronic system to create, send, receive, store or process electronic messages;
"electronic signature" means any letters, characters, numbers, sound or any other symbol or any affiliates that are created in an electronic form adopted by someone as a signature;
"commercial transactions" means a one-way communication or communication range of a trade, whether in the form of contractual or not, including any matter relating to the supply or exchange of goods or services, agencies, investment, finance, banking and insurance.
Part II RECOGNITION of ELECTRONIC MESSAGES law legal recognition of electronic messages 6. (1) any information shall not be denied legal effect, validity or feasibility on the ground that it is in whole or in part in an electronic form.
(2) such information shall not be denied legal effect, validity or feasibility on the ground that the information is not contained in the electronic messages that affect the law, but only referred to in the electronic messages, provided that the information referred to could be reached by the person against whom the information referred to is may be used.
formation and validity of contracts 7. (1) in the formation of a contract, communication of offer, acceptance of offer, and revocation of offer and acceptance or any related communications can be noted through an electronic message.
8 laws of Malaysia Act 658 (2) a contract shall not be denied legal effect, validity or feasibility on the ground that an electronic message used in its formation.
Part III MEETS The REQUIREMENTS Of The Law By WAY Of ELECTRONIC Writing 8. If any laws require information in writing, the wishes of the law is fulfilled if the information contained in an electronic message that is accessible and understandable to enable it to be used for subsequent reference.
Signature of 9. (1) where any law requires a signature of a person on a document, the legal requirements are met, if the document is in the form of an electronic message, by an electronic signature — (a) attached to or logically associated with the electronic message;
(b) identify adequately the person and indicate that person's approval of adequate information relating to the signature; and (c) is reliable accordingly give meaning for, and the circumstances of that signature is required.
(2) for the purposes of paragraph (1) (c), an electronic signature is appropriately reliable if — (a) the methods of producing electronic signatures that are associated with and under the control of such person only;
(b) any changes made to the electronic signature after the signing time can be detected; and (c) any changes made to the document after the signing time can be detected.
Electronic commerce 9 (3) of the Digital Signature Act 1997 [Act 562] shall continue to apply to any digital signature that is used as an electronic signature in any trade transactions.
The seal 10. (1) where any law require the seal affixed to a document, the legal requirements are met, if the document is in the form of an electronic message, by a digital signature as provided under the Digital Signature Act 1997.
(2) Notwithstanding subsection (1), the Minister may, by order in the Gazette, designate any other electronic signature that meets the requirements of mengecapkan a seal in an electronic message.
Witnesses 11. If any law requires the signature of a witness to a document, the legal requirements are met, if the document is in the form of an electronic message, by an electronic signature that complies with the requirements of the witness section 9.
The original 12. (1) where any law require any documents in its original form, the requirements of the law was met by a document in the form of an electronic message if — (a) there exists a reliable assurance of the integrity of the information contained in the electronic messages from the time the electronic message was first generated in its final; and (b) an electronic message that is accessible and understandable to enable it to be used for subsequent reference.
10 laws of Malaysia Act 658 (2) for the purposes of paragraph (1) (a) — (a) the criteria for assessing integrity shall be whether the information the information remains complete and unchanged, apart from the addition of any endorsement or any changes that arise in the normal course of communication, storage and display; and (b) the standard of reliability required shall be assessed in view of the purpose of the document is produced and according to all other relevant circumstances.
storage of documents 13. If any laws require any documents stored, the requirements of the law was satisfied by keeping the document in the form of an electronic message if the electronic messages — (a) be stored in a format that this electronic message is generated, sent or received, or in a format that does not materially change the information contained in the electronic message which originally were produced, sent or received;
(b) accessible and understandable to enable it to be used for subsequent reference; and

(c) identify the origin and destination of the electronic message and the date and time it was sent or received.
A copy of the 14. If any law requires any document saved, delivered, sent or delivered in more than one copy, the legal requirements are met, if the document is in the form of an electronic message, with storage, delivery, delivery or delivery of the document in a copy.
Electronic commerce 11 the prescribed form 15. If any law requires any document in a specified form, the requirements of the law was met by a document in the form of an electronic message if the electronic messages — (a) formatted according to the way the same or largely the same as the prescribed form; (b) accessible and understandable to enable it to be used for subsequent reference; and (c) is able to be kept by the person in the other.
presentation and submission of 16. (1) where any law requires any document to be served, sent or delivered, the requirements of the law was satisfied by the presentation, delivery or handing over the document through an electronic means if the existence of a system to process information — (a) to identify the origin, destination, time and date of delivery, delivery or delivery; and (b) for pengakuterimaan, the document.
(2) this section shall not apply to — (a) any notice of default, notice of claim, show-cause notice, notice of repossession or any such notice required to be served before starting a legal proceeding; and (b) any process initialization, pliding, affidavit or other document required to be served pursuant to a legal proceeding.
Part IV COMMUNICATIONS ELECTRONIC MESSAGES Presumption electronic message 17. (1) an electronic message is belonging to startup if the electronic messages sent by the startup itself.
12 laws of Malaysia Act 658 (2) between the startup with the recipient, an electronic message is deemed to belong to beginners if the electronic messages sent by — (a) a person who has authority to act on behalf of beginners in respect of the electronic message; or (b) a system to process information that is programmed by, or on behalf of, beginners to operate automatically.
(3) between the originating with the recipient, the recipient is entitled to consider an electronic message that belong to beginners, and to act on the assumption that if — (a) the recipient wearing appropriate an authentication method as may be agreed between the beginner with recipients to determine whether electronic messages that belong to beginners; or (b) an electronic message is received by the recipient as it is a result of the actions of someone who do with beginners or any Agent startup that allows people to get access to an authentication method that is used by beginners to identify electronic messages such as kepunyaannya.
(4) subsection (3) shall not apply if — (a) the recipient has received a notice from the beginners that electronic messages that are not belonging to startup and have a reasonable time to act accordingly; or (b) the recipient knows or ought to know that the electronic message is not belong to beginners if he undertook reasonable care or use any of the authentication methods agreed between the originating with the recipient.
The content of electronic messages 18. If a person accepts an electronic message, the recipient is entitled to assume that the electronic message as message startup intends to send, and electronic commerce 13 Act on the assumption that, unless the recipient knows or ought to know, if he has undertaken reasonable care or use any agreed procedure, that the electronic message delivery has resulted in any errors in electronic messages received.
Every electronic message is considered to be a separate 19. If a person accepts an electronic message, the recipient shall be entitled to assume that every electronic message received as a separate electronic message and to act on that assumption, unless the recipient knows or ought to know, he carries on the reasonable care or use any agreed procedure, that the electronic message is a duplicate.
Time of posting 20. Unless agreed otherwise between the originating with the recipient, an electronic message is considered delivered when the electronic message enters an information processing system outside the control of beginners.
The time of acceptance of the 21. Unless agreed otherwise between the originating with the recipient, an electronic message is deemed to be accepted — (a) if the recipient has established an information processing system for the purpose of receiving electronic messages, when the electronic messages entering the system to process the information specified; or (b) if the recipient does not specify a system processing information for the purpose of receiving electronic messages, when the electronic message reaches the recipient's knowledge.
14 laws of Malaysia Act 658 Free shipping 22. Unless agreed otherwise between the originating with the recipient, an electronic message sent from a place deemed business beginners, and — (a) if beginners have more than one place of business, from the business that has the closest relationship with the transactions or if no place of business which has the closest relationship with the transactions, from the principal place of business startups; or (b) if the beginner does not have a place of business, from the usual residence of the startup.
Place of receipt 23. Unless agreed otherwise between the originating with the recipient, an electronic message is deemed to be received at the place of business of the receiver, and — (a) if the recipient has more than one place of business, in the place of business which has the closest relationship with the transaction and if there is no place of business which has the closest relationship with the transactions, from the principal place of business of the receiver; or (b) if the recipient does not have a place of business, from the ordinary place of residence of the recipient.
pengakuterimaan 24. (1) this section applies if, during or before sending an electronic message, or in the electronic message, beginners have requested or agreed to by the recipient that the receipt of the electronic message shall be diaku receive.
(2) if beginners have requested or agreed to by the recipient that the receipt of the electronic message shall accept electronic messages diaku, shall be as if never sent until pengakuterimaan is received.
Electronic commerce 15 (3) If a beginner do not agree with the pengakuterimaan that the recipients shall be given in a particular form or by a particular way, a pengakuterimaan may be given via — (a) any communication by the addressee, automated or otherwise; or (b) any recipient behavior sufficient to show beginners that the electronic message has been received.
(4) where pengakuterimaan is not received by the originating within the time specified or agreed or, if no time is specified or agreed, within a reasonable time, the beginner may — (a) give notice to the recipient stating that no pengakuterimaan has been received and determining a reasonable time that the pengakuterimaan must be received; and (b) if the pengakuterimaan is not received within the time specified in paragraph (a), give notice to the recipients to treat the electronic message includes just-by never sent and exercising any other rights which he has.
(5) where beginners receive pengakuterimaan recipients, it is assumed that the associated electronic messages have been received by the recipient.
(6) if pengakuterimaan received it stated that electronic messages related technical requirements, either agreed upon or set out in applicable standards, it is assumed that the requirements have been met.
Part V MISCELLANEOUS regulations 25. The Minister may make such regulations as are necessary or expedient for giving full effect to the provisions of this Act.
16 laws of Malaysia Act 658 Table [section 2] this Act shall not apply to any transaction or document the following: 1. A power of Attorney 2. Creation of wills and kodisil 3. The formation of trust 4. Negotiable instrument electronic commerce 17 laws of MALAYSIA Act 658 2006 LIST of electronic commerce ACT AMENDMENT of laws that amend the short title effect from – No – 18 laws of Malaysia Act 658 laws of MALAYSIA Act 658 2006 LIST of electronic commerce ACT SECTION AMENDED Section Power amend with effect from – THERE are –