It is what allows us to do internet banking, online shopping and contract via email. Without it none of these things would be possible. It puts minimum security measures in place for online banking, it governs returning of goods bought online and also deals with websites & ISP’s.
Section 11 is one of the most important provisions in our minds. Read Out. So what it is saying is that everything you could do on paper is now valid if it’s done electronically. With some exceptions, like wills & deeds for the sale of property which still have to done on paper to be valid. You might be wondering what classifies as a data message.
Electronic Communications and Transactions ActElectronic Records ManagementElectronic Evidence & E-DiscoveryBoardroom ConversationsChecklists
Records Management ImperativeLegal Compliance (Mandate, Industry)Evidence – Proof of Existence of FactsOperational EfficiencyGovernance ImperativeKing IIIArchives ImperativeNational Archives PrescriptionsAccess to Justice and Access to Information Imperative PAJA & PAIA (PPI Bill)
Head of private body must compile & keep updated a manual containing:Address, phone, fax and emailGuide to request recordsCategories of recordsDescription of recordsDetail to facilitate a requestSubjects and categories of records
Responding to requests has become more complex Need to pull Data from voicemail, email, sms, instant messaging Still no Policies for preservation of electronic evidence Significant risk http://www.law.com/jsp/legaltechnology/pubArticleLT.jsp?id=1202426600692