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Electronic Transactions Acts, or ETA was enacted on 10 July 1998 so as to create a legal foundation for electronic signatures and to provide predictability and certainty to contracts formed electronically. [1105sgict:2]
Singapore is one of the first few countries in the world to enact a law with respect to issues pertaining to the context of electronic contracts and digital signatures. [1105sgict:2]
1. Overview
The advent of e-commerce and the use of the digital medium as an alternative to the physical have created some novel legal issues where there are no clear answers. In today's physical world, requirements are necessary for documents to be in writing and for hand-written signatures. Such requirements have to be translated into the electronic realm.
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The Act also is of close resemblence to the accepted UNCITRAL Model Law on e-commerce that sets the framework for electronic laws in many countries.[1105sgict:2]
1.1 Guiding principles
In drafting the ETA, the following guiding principles were adopted:[1105sgict:1]
1. The need to conform to international standards and international models in order to be integrated with the global e-commerce framework
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The ETA was enacted to create a predictable legal environment for e-commerce. It defines clearly the rights and obligations of the transacting parties, a commercial code to support e-commerce transactions is needed. It also deals with the legal aspects of electronic contracts - how a contract can be formed electronically by addressing issues of time and place of sending and receipt of electronic messages, use of digital signatures and concerns for authentication and non-repudiation.[1105sgict:2]
4.2 Public Key Infrastructure
The public key is issued and managed by certification authorities. The Act allows for the establishment of certification authorities whose role it is to issue a public key certificate to the signor of the document for the purposes of the verification.[1105sgict:2] The certification authority therefore is to act as a trusted third party who is acceptable by all parties in respect of the secure transactions. The Act provides that where a digital signature is used, such signature will be treated as secure signature if the signature was created during the operational period of validity of the certificate and can be verified by reference to the corresponding public key. The Act stipulates certain regulations for certification authorities (''CA''). Under the Act, the Minister in-charge is given the responsibility and power for making regulations for the licensing of CA. CAs come under the authority of the Controller who is a government appointee. [1105sgict:1]
4.3 Electronic Applications and Licenses for the Public Sector
The Act allows the public sector to accept electronic records in place of paper filing. Furter stipulations such as the form and anner of such electronic records may be made by agency responsible for receiving such filings.[1105sgict:2] Furthermore, since it is an "opt-in" provision, so it is not compulsory for agencies who are not willing to. [1105sgict:1]
4.4 Network Service Providers' Liability
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Though network service providers are important in providing information infrastructure and content, it is impractical for network service providers to check all the content for which they merely provide access. In law, a person may be liable if he publishes defamatory remarks or uses materials which infringe the intellectual property rights of others. However, generally, law does not take into consideration the intention of the publisher.[1105sgict:1]
4.4.2 Addressed problem(s) in the new ETA
The Act attempts to address this issue by freeing the network service provider from liability on a claim of making or disseminating third party materials or infringing rights subsisting on such materials. [1105sgict:1]However, it should be noted that there will be no exemption if the network service provider played a part in the publication of such materials or the infringement of rights which subsisted on such materials. [1105sgict:2]
5. Conclusion
Basically, ETA sets the basic legislative framework for e-commerce and electronic transactions. It removes existing legal impediments and increase confidence in businesses and individuals to engage in e-commerce. ETA will bring Singapore to the forefront of international e-commerce developments and help Singapore to achieve the vision of turning Singapore into an international e-commerce hub. [1105sgict:1]
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External Links
1) Statues of Electronic Transaction Acts. - http://agcvldb4.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?actno=REVED-88&doctitle=ELECTRONIC%20TRANSACTIONS%20ACT%0A&date=latest&method=part&sl=1
7. References
1) Policies and Regulations-Salient Features of ETA. (n.d.). Retrieved from Infocomm Development Agency: http://www.ida.gov.sg/Policies%20and%20Regulation/20061023155715.aspx
2) Policies and Regulations-Electronic Transaction Acts. (n.d.). Retrieved from Infocomm Development Agency: http://www.ida.gov.sg/Policies%20and%20Regulation/20060420164343.aspx
7. External Links
1) Statues of Electronic Transaction Acts. - http://agcvldb4.agc.gov.sg/non_version/cgi-bin/cgi_retrieve.pl?actno=REVED-88&doctitle=ELECTRONIC%20TRANSACTIONS%20ACT%0A&date=latest&method=part&sl=1