* Electronic Government Activities Act 2007

Original Language Title: * Electronic Government Activities Act 2007

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Microsoft Word-Draft NET laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 As in April 2013 2 the date of Royal Assent......... August 29, 2007, the date of publication in the Gazette of ... ... more 30 August 2007 3 laws of MALAYSIA Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 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 ADMINISTRATION and APPLICATION of ACT to law 6. Appointment by the Minister related 7. Subsidiary legislation 8. Revocation or amendment 9. Command information technology PART III legal RECOGNITION of ELECTRONIC MESSAGE 10. Legal recognition of electronic messages 11. Formation and validity of contracts 4 laws of Malaysia ACT 680 PART IV MEET the REQUIREMENTS of the law through the ELECTRONIC MEANS of section 12. The writings of 13. Signature of 14. The seal 15. Witnesses 16. Of the original 17. Certified copy of 18. A copy of the 19. Production of documents 20. The prescribed form 21. The requirements for issuing a licence, permit, approval, authorization, etc.
22. Keeping of documents 23. Express electronics 24. Presentation and submission of 25. The presentation of self to 26. Payment of 27. Receipt of ELECTRONIC MESSAGE COMMUNICATION part V 28. Presumption of electronic messages 29. The content of electronic messages 30. Every electronic message is considered to be separate 31. Time of posting 32. Time of receipt of 33. Place of posting 34. Public acceptance of 35. Electronic Government Activities Pengakuterimaan 5 PART VI MISCELLANEOUS Section 36. Regulations table 7 laws of MALAYSIA Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 an act to provide for the legal recognition of electronic messages in between the Government with the general public, the use of electronic messages to meet the requirements of the law and to allow and facilitate the through the use of electronic means and other matters relating thereto.

[January 1, 2008; P.u. (B) 456/2007] 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 Government Activities Act 2007.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Application 2. Subject to section 3, this Act shall apply to federal law specified in accordance with section 6.
The use of non-mandatory 3. (1) there is nothing in this Act can make it mandatory for a person to use, provide or 8 laws of Malaysia ACT 680 receive any electronic message in dealings with the Government 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 dealings with the Government can be inferred from the conduct of such person.
References to other written law 4. Application of this Act shall be in addition and without prejudice to any other written law regulating the dealings between the Government with the public.
Interpretation 5. In this Act, unless the context otherwise requires — "prescribed Act" means a written law or part thereof which may be prescribed by the Minister under section 6;

"Information technology Instruction" means instructions issued under section 9;

"electronic" means technology that uses electricity, optical, magnetic, electromagnetic, biometrics, photonik or such technology;

"Minister" means the Minister charged with the responsibility to lead change for modernizing the administration of the public service;

"Related Ministers" means the Minister charged with the responsibility for the administration of the Act may be prescribed;

"electronic message" means information generated, sent, received or stored through an electronic means;

Electronic government activities 9 "Startup" 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;

"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 the signature.
PART II ADMINISTRATION and APPLICATION of ACT to a law Fixing the Minister related 6. (1) the Minister may, after consultation with the Minister, set in form 1 of the schedule, any law or part thereof for the purpose of application of this Act.

(2) the Minister pertaining, in setting any law or part thereof under subsection (1), may impose such conditions as it may absolutely deem fit.
Subsidiary legislation 7. (1) this Act shall be deemed to apply to any subsidiary legislation an act may be prescribed unless it is excluded in accordance with subsection 2.

(2) the Minister may, by notification in form 2 of the schedule, after consultation with the Minister, exclude the 10 laws of Malaysia ACT 680 any subsidiary legislation an act prescribed from the adoption of this Act.

(3) the Minister may, by notification in Form 3 of the schedule, after consultation with the Minister, include any subsidiary legislation which has been exempted under subsection (2), for the purposes of application of this Act.
Revocation or amendment 8. (1) where a prescribed Act repealed repealed Act is no longer a prescribed Act from the date of the abolition of the currency except for subsidiary legislation are not affected by the repeal of the Act specified that.

(2) where a prescribed Act amended and the Minister is satisfied that the amended Act not in accordance with the policies or objectives of this Act, the Minister may, in form 4 of the schedule, excludes the Act amended or in part from the application of this Act.
Command information technology 9. (1) the Minister may issue instructions information technology may include — (a) information technology standards;

(b) criteria for electronic signature and seal for the purpose it is used;

(c) the process for recording time and pengakuterimaan electronic message;

(d) security measures against any unauthorised access;

(e) disaster recovery procedures;

Electronic government activities 11 (f) methods of access for forms and electronic government services;

(g) management and maintenance of electronic messages;

(h) how it relates to data entry and verification of electronic messages;

(i) guidelines for paying and receiving money;
and (j) any other matter required from time to time.

(2) the non-compliance to any information technology Instruction does not affect the validity or feasibility activities carried out electronically in accordance with this Act.
PART III the legal RECOGNITION of ELECTRONIC MESSAGES law Recognition electronic message 10. (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 evoke the effect of the law is, 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.



12 laws of Malaysia ACT 680 Formation and validity of contracts 11. (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.

(2) a contract shall not be denied legal effect, validity or feasibility on the ground that an electronic message used in its formation.
PART IV MEET the REQUIREMENTS of the law by WAY of ELECTRONIC Writing 12. 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


13. (1) where any law requires the 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; Electronic Government Activities and 13 (c) is reliable accordingly give the 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.

(3) Digital Signature Act 1997 [Act 562] shall continue to apply to any digital signature that is used as an electronic signature in any Government activities.
The seal 14. (1) where any law require the seal affixed to a document, the requirements of the law is fulfilled 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 15. If any law requires the signature of a witness to a document, the requirements of the law is fulfilled if the document is in the form of an electronic message, by an electronic signature that complies with the requirements of the witness section 13.
14 laws of Malaysia ACT 680 of the original 16. (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 it 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.

(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 accordance with the purpose of the document is generated and based on all other relevant circumstances.
Certified copy of 17. If any law requiring the production of a certified copy of the document, the requirements of the law is fulfilled if the document is presented in the form of an electronic message and meet the requirements under section 16.
A copy of the 18. If any laws require any documents stored, delivered, sent or delivered in more than one copy, the requirements of the law is filled with electronic Government Activities 15 if the document is in the form of an electronic message, with storage, delivery, delivery or delivery of the document in a copy.
Production of documents 19. (1) where any law requires filing or submission of any document, the requirements of the law is fulfilled if the document is filed or presented in the form of an electronic message, if the electronic messages are accessible and understandable to enable it to be used for subsequent reference.

(2) for the purposes of subsection (1), if any of the prescribed form is determined electronically, filing or production of documents shall be in accordance with the form specified that.
The prescribed form 20. If any laws require any documents 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.
The requirements for issuing a licence, permit, approval, authorization, etc.

21. If any law requiring the production of any licence, permit, approval, permission or similar document, the requirements of the law is met if a licence, permit, approval, permission or similar document the 16 laws of Malaysia ACT 680 issued in the form of an electronic message provided that the electronic message is accessible and understandable to enable it to be used for subsequent reference.
Storage of documents 22. If any law 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 it 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) identified the origin and destination of the electronic message and the date and time it was sent or received.
Express electronics 23. (1) where any law requiring a register established, operated or maintained, the requirements of the law is fulfilled if the register is in the form of an electronic message and its contents may not be altered in any way by any person who administers the register who has the power in law to change the sign.

(2) any search made on the register created, operated and maintained through an electronic message shall have the validity of a law similar to a register referred to in the Act may be prescribed.


Electronic government activities and delivery of Presentation 17 24. (1) where any law require any documents delivered, 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.
The presentation of self to 25. If any law requiring a document submitted or delivered in person, the requirements of the law is fulfilled if the document is submitted in accordance with section 19, together with an electronic signature.
Payment 26. If any law requiring any payment has been made, the legal requirements are met if the payment is made electronically and comply with any conditions imposed by the Government.

18 laws of Malaysia ACT 680 Receipt 27. If any law requiring the production of any receipt of payment, the legal requirements are met if the receipt is in the form of an electronic message and the electronic messages are accessible and understandable to enable it to be used for subsequent reference.
Part V COMMUNICATIONS ELECTRONIC MESSAGES Presumption electronic message 28. (1) an electronic message is belonging to startup if it is sent by the startup itself.

(2) between the originating with the recipient, an electronic message is deemed to belong to startup if it is delivered 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 access electronic Government Activities 19 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 29. If a person accepts an electronic message, the recipient is entitled to assume that the electronic message as message startup intends to send, and to act on that assumption, 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 the electronic message received.
Every electronic message is considered to be a separate 30. 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, if he has undertaken reasonable care or use any agreed procedure, that the electronic message is a duplicate.

20 laws of Malaysia ACT 680 Time posting 31. Unless agreed otherwise between the originating with the recipient, an electronic message is considered delivered when it enters an information processing system outside the control of beginners.
Time of receipt of 32. 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 reached the recipient's knowledge.

Place of posting 33. Unless agreed otherwise between the originating with the recipient, an electronic message sent from a place deemed managing startup, and — (a) if the newbie has more than one place of business, from the place of business which has the closest relationship with the arrangement or if no place of business which has the closest relationship with the arrangement, from the principal place of business of startup; or (b) if the beginner does not have a place of business, from the usual residence of the startup.
Place of receipt of 34. Unless agreed otherwise between the originating with the recipient, an electronic message is deemed to be received at the place of business of the recipient, and electronic Government Activities — 21 (a) if the recipient has more than one place of business, in the place of business which has the closest relationship with the arrangement or if no place of business which has the closest relationship with the arrangement, from the principal place of business of the addressee; or (b) if the recipient does not have a place of business, from the ordinary place of residence of the recipient.
Pengakuterimaan 35. (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.

(3) where beginners 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 there are no pengakuterimaan were received and 22 laws of Malaysia ACT 680 determine 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 messages do not seem to have been 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 VI MISCELLANEOUS regulations 36. The Minister may make such regulations as are necessary or expedient for giving full effect to the provisions of this Act.














Electronic government activities 23 SCHEDULE form 1 E-GOVERNMENT ACTIVITIES ACT 2007 NOTIFICATION of the DETERMINATION of the ACT [section 6] in exercise of the powers conferred by section 6 Electronic Government Activities Act 2007 [Act 680], I................................................................................
[name of the Minister related]
Menteri .............................................., selepas berunding dengan Menteri,
menetapkan—
...................................................................................................................................... [name of the Act or part thereof] as Acts prescribed under electronic Government Activities Act 2007.
2. Electronic Government Activities Act 2007 shall apply to the provisions of the Act and any subsidiary legislation made under the Act is subject to the following:..................................................................................................................................................................................................................................................................................................................................................................................................................
3. This notification comes into operation on...........................................................
[indicate date].

Dated [name of the Minister related] Minister [state the Ministry] form 2 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 NOTIFICATION EXEMPTION SUBSIDIARY LEGISLATION of the ACT [Subsection 7 (2)] in exercise of the powers conferred by subsection 7 (2) Electronic Government Activities Act 2007 [Act 680], I.................................................................
[name of the relevant Minister] 24 laws of Malaysia ACT 680 Minister.............................................., after consultation with the Minister, exclude — the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... the ... [name of subsidiary legislation] made under......................................................................................................................................
[name of the Act specified] of the application of electronic Government Activities Act 2007.
2. This notification comes into operation on...........................................................
[indicate date].
Dated [name of the Minister related] Minister [state the Ministry] form 3 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 NOTIFICATION of INCLUSION of SUBSIDIARY LEGISLATION to the ACT [Subsection 7 (3)] in exercise of the powers conferred by subsection 7 (3) Electronic Government Activities Act 2007 [Act 680], I.................................................................
[name of the Minister related]
Menteri .............................................., selepas berunding dengan Menteri,
memasukkan—
......................................................................................................................................
[name of subsidiary legislation] made under......................................................................................................................................
[name of the specified Act] for the purposes of the application of electronic Government Activities Act 2007.
2. This notification comes into operation on...........................................................
[indicate date].

Electronic government activities 25 Dated [name of the Minister related] Minister [state the Ministry] form 4 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007


The AMENDED ACT EXEMPTION NOTIFICATION of the ACT [Subsection 8 (2)] in exercise of the powers conferred by subsection 8 (2) Electronic Government Activities Act 2007 [Act 680], I.................................................................
[name of the Minister related]
Minister.............................................., exempt — (a) a whole................ (the name of the Act amended); or (b) part of................ (the name of the Act amended); as follows: (i).................................................;

(ii) .................................................; and (iii).................................................., (Please specify) of the application of electronic Government Activities Act 2007.
2. This notification comes into operation on...........................................................
[indicate date].

Dated [name of the Minister related] Minister [state the Ministry] 26 laws of MALAYSIA Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 LIST AMENDMENT of laws that amend the short title effect from — NO — 27 laws of MALAYSIA Act 680 ELECTRONIC GOVERNMENT ACTIVITIES ACT 2007 LIST SECTION AMENDED Section Power amend with effect from — NO —