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Electronic Transactions Act

consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

Later amending instruments held: Business Facilitation (Miscellaneous Provisions) Act 2019 (Act No 14 of 2019), Electronic Transactions (Amendment) Act 2026 (Act No. 5 of 2026).

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Sections

  1. 1 Short title
  2. 2 Interpretation
  3. 3 Objects of Act
  4. 4 Application of Act
  5. PART II: ELECTRONIC RECORDS AND SIGNATURES
  6. 5 Legal recognition of electronic records
  7. 6 Requirement for writing
  8. 7 Electronic records
  9. 8 Electronic signatures
  10. 8 Electronic signatures inserted by The Electronic Transactions (Amendment) Act 2026
  11. 8 Electronic signatures inserted by Act No 5 of 2026
  12. 8A Sharing of public information inserted by Act No 14 of 2019
  13. PART IIA: ELECTRONIC TRANSFERABLE RECORDS
  14. 8B Legal recognition of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  15. 8B Legal recognition of electronic transferable records inserted by Act No 5 of 2026
  16. 8C Validity of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  17. 8C Validity of electronic transferable records inserted by Act No 5 of 2026
  18. 8D Control and possession of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  19. 8D Control and possession of electronic transferable records inserted by Act No 5 of 2026
  20. 8E General reliability standard inserted by The Electronic Transactions (Amendment) Act 2026
  21. 8E General reliability standard inserted by Act No 5 of 2026
  22. 8F Time and place in electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  23. 8F Time and place in electronic transferable records inserted by Act No 5 of 2026
  24. 8G Endorsement of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  25. 8G Endorsement of electronic transferable records inserted by Act No 5 of 2026
  26. 8H Amendment of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  27. 8H Amendment of electronic transferable records inserted by Act No 5 of 2026
  28. 8J Replacement of transferable document or instrument with electronic inserted by The Electronic Transactions (Amendment) Act 2026
  29. 8J Replacement of transferable document or instrument inserted by Act No 5 of 2026
  30. 8K Replacement of electronic transferable record with transferable document or inserted by The Electronic Transactions (Amendment) Act 2026
  31. 8K Replacement of electronic transferable record with inserted by Act No 5 of 2026
  32. 8L Cross-border recognition of electronic transferable records inserted by The Electronic Transactions (Amendment) Act 2026
  33. 8L Cross-border recognition of electronic transferable inserted by Act No 5 of 2026
  34. PART III: LIABILITY OF NETWORK SERVICE PROVIDERS
  35. 9 Liability of network service providers
  36. PART IV: ELECTRONIC CONTRACTS
  37. 10 Validity of contracts
  38. 11 Declaration of intent
  39. 12 Attribution of electronic record and signature
  40. 13 Acknowledgement of receipt
  41. 14 Time and place of sending and receipt
  42. 14A Invitations to make offers inserted by The Electronic Transactions (Amendment) Act 2026
  43. 14A Invitations to make offers inserted by Act No 5 of 2026
  44. 14B Use of automated message systems inserted by The Electronic Transactions (Amendment) Act 2026
  45. 14B Use of automated message systems inserted by Act No 5 of 2026
  46. 14C Error in electronic communications inserted by The Electronic Transactions (Amendment) Act 2026
  47. 14C Error in electronic communications inserted by Act No 5 of 2026
  48. 14D Availability of contract terms inserted by The Electronic Transactions (Amendment) Act 2026
  49. 14D Availability of contract terms inserted by Act No 5 of 2026
  50. PART V: SECURE ELECTRONIC RECORDS AND SIGNATURES
  51. 15 Secure electronic records
  52. 15A Recognition of foreign certificates and electronic signatures inserted by The Electronic Transactions (Amendment) Act 2026
  53. 15A Recognition of foreign certificates and electronic inserted by Act No 5 of 2026
  54. PART V: SECURE ELECTRONIC RECORDS AND SIGNATURES
  55. 16 Secure electronic signatures
  56. 17 Presumptions relating to secure electronic records and signatures
  57. PART VI: EFFECT OF DIGITAL SIGNATURES
  58. 18 Secure electronic records with digital signatures
  59. 18 Secure electronic records with digital signature inserted by The Electronic Transactions (Amendment) Act 2026
  60. 18 Secure electronic records with digital signature inserted by Act No 5 of 2026
  61. PART VI: EFFECT OF DIGITAL SIGNATURES
  62. 19 Secure digital signatures
  63. 20 Presumptions regarding certificates
  64. 21 Unreliable digital signatures
  65. PART VII: OBLIGATIONS RELATING TO DIGITAL SIGNATURES
  66. 22 Reliance on certificates
  67. 23 Prerequisites to publication of certificates
  68. PART VIII: OBLIGATIONS OF CERTIFICATION AUTHORITIES
  69. 24 Trustworthy system
  70. 25 Disclosure
  71. 26 Issuing of certificate
  72. 27 Representations on issue of certificate
  73. 28 Suspension of certificate
  74. 29 Revocation of certificate
  75. 30 Revocation without subscriber’s consent
  76. 31 Notice of suspension
  77. 32 Notice of revocation
  78. PART IX: OBLIGATIONS OF SUBSCRIBERS
  79. 33 Generating key pair
  80. 34 Acceptance of certificate
  81. 35 Control of private key
  82. 36 Initiating suspension or revocation
  83. PART X: REGULATION OF CERTIFICATION AUTHORITIES
  84. 37 Controller of Certification Authorities
  85. 38 Recommended reliance limit
  86. 39 Liability limits for licensed certification authorities
  87. PART XI: PUBLIC SECTOR USE OF ELECTRONIC RECORDS AND SIGNATURES
  88. 40 Acceptance of electronic filing and issue of documents
  89. PART XII: ADMINISTRATION
  90. 41 Confidentiality
  91. 42 Authorised officer
  92. 43 Directions by Controller
  93. 44 Production of documents and data
  94. 45 Power of access to computers and data
  95. 46 Warrant to search and seize
  96. 46A Police assistance
  97. PART XIII: MISCELLANEOUS
  98. 47 Offences
  99. 48 Consent of Director of Public Prosecutions
  100. 49 Jurisdiction
  101. 50 Regulations