The UNCITRAL Model Law on Electronic Commerce was adopted in 1997 to help harmonize the laws related to electronic commerce across countries. It recommends that countries consider the model law when enacting or revising their own e-commerce laws. India enacted the Information Technology Act in 2000, which was influenced by the UNCITRAL Model Law and aimed to facilitate e-commerce and e-governance in India by providing legal recognition for electronic records and transactions. While the Indian law was broadly aligned with principles of the model law like functional equivalence and media neutrality, it deviated in some areas like requiring specific digital signature standards and not having provisions for online contract formation equivalent to those in the model law.

1. UNCITRAL
Model Law
Rahul Gurnani
CDAC Certified Cyber Security Professional
MS Cyber Law & Information Security ,
Indian Institute of Information Technology-Allahabad

2. UNCITRAL Adopted on 30 January 1997

3. UNCITRAL : What is it ?
Why should we be aware about it ?
 Following the United Nations Commission on International
Trade Law (UNCITRAL) Model Law on E-Commerce, the
Government of India enacted the Information Technology Act in
June 2000.
 The Act facilitates E-commerce and E-Governance in the
country. The Act also establishes a regulatory framework and
lays down punishment regimes for different cyber crimes and
offences.

4. UNCITRAL : What is it ?
Why should we be aware about it ?
 Adopted on 30 January 1997
 It recommends inter alia that all States give
favorable consideration to the Model law when
they enact or revise their laws in view of the
need for uniformity of the law applicable to
alternatives to paper-cased methods of
communication and storage of information.

5. UNCITRAL : What is it ?
Why should we be aware about it ?
 Recognizing the necessity to give effect to
the Resolution, and
 with an objective of promoting efficient
delivery of government services by means
of reliable electronic records,
the Government of India enacted the
Information Technology Act in June 2000.

6. The UNCITRAL model law:
background
 in many countries the existing legislation governing
communication and storage of information were
inadequate or outdated because they did not
contemplate the use of electronic commerce. …
 many countries lacked in legislations for dealing
with E-commerce as a whole results in uncertainty
as to the legal nature and validity of information
presented in a form other than a traditional paper
document.…
 Inadequate legislation at the national level created
obstacles to international trade.

7. The UNCITRAL model law:
background
 The purpose of Model law was to offer National
legislators a set of internationally accepted rules as
to
 how a number of such legal obstacles may be
removed, and
 how a more secure legal environment may be
created for what has become known as electronic
commerce.…

8. What UNCITRAL Says ?

9. E-Commerce in the UNCITRAL
Model Law
 Objectives of the Model Law:
To facilitate rather than regulate electronic
commerce
To adapt existing legal requirements
To provide basic legal validity and raise
legal certainty

10. Basic Principles of the Model Law
 Functional equivalence
 Analyze purposes and functions of paper-based
requirements (“writing”, “record”, “signature”,
“original”)
 Consider criteria necessary to replicate those
functions and give electronic data the same level
of recognition as information on paper

11. Basic Principles of the Model Law
 Media and technology neutrality
Equal treatment of paper-based and
electronic transactions
Equal treatment of different
techniques (EDI, e-mail, Internet,
telegram, telex, fax)

12. Basic Principles of the Model Law
 Party autonomy
Primacy of party agreement on
whether and how to use e-commerce
techniques
Parties free to choose security level
appropriate for their transactions

13. Core Provisions of the UNCITRAL
Model Law
 Article 5 (Legal Recognition)
 Article 6 (Writing)
 Article 7 (Signature)
 Article 8 (Original)
 Article 9 (Evidence)
Recall Indian Laws
talk about all these
.. We will see
ahead

14. Core Provisions of the UNCITRAL Model
Law: Article 5 and 5 b is
 Information shall not be denied legal
effect, validity or enforceability solely
because:
it is in the form of a data message or
It is incorporated by reference

15. Core Provisions of the UNCITRAL
Model Law: Article 6 (Writing)
 Where the law requires information to
be in writing, that requirement is met by
a data message if the information
contained therein is accessible so as to
be usable for subsequent reference.

16. Core Provisions of the UNCITRAL
Model Law: Article 7 (Signature)
 Legal requirement is met in relation to a
data message if:
 a method is used to identify the signatory and
to indicate his approval of the information
contained in the data message; and
 that method is as reliable as was appropriate
for the purpose for which the data message
was generated or communicated.

17. Core Provisions of the UNCITRAL
Model Law: Article 8 (Original)
 Legal requirement is met by a data
message if:
 there exists a reliable assurance as to the
integrity of the information from the time when
it was first generated in its final form, as a data
message or otherwise; and information is
capable of being displayed to the person to
whom it is to be presented.

18. Core Provisions of the UNCITRAL
Model Law: Article 9 (Evidence)
 In any legal proceedings, nothing in the
rules of evidence shall apply so as to
deny the admissibility of a data
message in evidence solely because it
is a data message.

19. Other Provisions of the Model Law
 Article 11 (Use of data messages in contract
formation)
 Article 12 (Non-repudiation)
 Article 13 (Attribution of data messages)
 Article 14 (Acknowledgement of receipt)
 Article 15 (Time and place of dispatch and receipt)
 Articles 16 and 17 (Electronic commerce and
carriage of goods)

20. Article 15 (Time and place of
dispatch and receipt)
 A data message is deemed to be sent
when it enters an information system
outside the control of the originator.

21. Article 15 (Time and place of
dispatch and receipt)
 A data message is deemed to be received:
a) If the addressee has designated an information
system to receive the message, when the message
enters the designated system; or
b) If the message is sent to an information system
other than the designated system, when the
addressee retrieves the message.

22. Article 15 (Time and place of
dispatch and receipt)
 If the addressee has not designated an
information system, the message is deemed
to be received when it enters an information
system of the addressee.
 Data messages are deemed to be sent at the
place where the originator has its place of
business and received at the place where the
addressee has its place of business.

23. Overview of the Indian law
and it’s
Deviation from UNCITRAL Model

24. Overview of the Indian law
The objectives of the Information Technology Act, as
outlined in the preamble, are to
• provide legal recognition for E-commerce transactions,
facilitate Electronic Governance and
• amend the Indian Penal Code, Indian Evidence Act 1872,
the Bankers’ Book Evidence Act 1891 and the Reserve
Bank of India Act 1934.
The Act also establishes a regulatory framework for cyber
laws and lays down punishment regimes for different cyber
crimes and offences.

25. Overview of the Indian law
 Legal recognition for digital signatures.
 Electronic governance.
 Regulatory framework.
 Offences and penalties.

26. Some Deviations in Indian Law
 digital signatures and
 provisions relating to online
contracting.

27. Digital Signatures …. Deviations
 Model Law -- Article 7
 The Information Technology Act mandates certain
technical standards—
that is, an asymmetric cryptosystem commonly known as
‘public key encryption’ and ‘hash function’. [Section 3 of
the Act]
 Certifying Authorities ….

28. Deviations in provisions relating to
online contracting.
 Model Law -- Article 11
 the Indian Information Technology Act does not
have any express provision regarding the
validity or formation of online contracts.
 The Indian Contract Act 1872 deals with the
validity of contracts.

29. Deviations in provisions relating to
online contracting.
 It does not prescribe any particular method
for the communication of offer and
acceptance.
 Thus, there is no requirement of writing for
the validity of contracts, except in such
cases where the requirement of writing is
specifically mandated by law

30. References…..
 E-Commerce Law in Developing Countries: An
Indian Perspective ;
By - C. M. ABHILASH
 Raising confidence in E-commerce: the legal
framework ;
By - UNCITRAL Secretariat, Vienna, Austria