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Section 15: Secure electronic records

Electronic Transactions Act · PART V: SECURE ELECTRONIC RECORDS AND SIGNATURES

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.

15. Secure electronic records (1) Where a prescribed security procedure, or a commercially reasonable security procedure agreed to by the parties involved, has been properly applied to an electronic record to verify that the electronic record has not been altered since a specified point in time, the record shall be treated as a secure electronic record from such specified point in time to the time of verification. [Issue 1] E5 – 10 Revised Laws of Mauritius (2) For the purposes of this section and section 16, whether a security procedure is commercially reasonable shall be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including— (a) the nature of the transaction; (b) the sophistication of the parties; (c) the volume of similar transactions engaged in by either or all parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions.

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