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Section 8E: General reliability standard

Electronic Transactions Act · PART IIA: ELECTRONIC TRANSFERABLE RECORDS

This section is inserted by Act No 5 of 2026, section 6.

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.

8E. General reliability standard (1) A method shall be regarded as reliable where it is appropriate for the fulfilment of the function for which it is being used, having regard to all relevant circumstances, including – (a) any operational rules relevant to the assessment of reliability; (b) assurance of data integrity; (c) ability to prevent unauthorised access to and use of the system; 168 Acts 2026 (d) security of hardware and software; (e) regularity and extent of audit by an independent body; (f) existence of declaration by a supervisory body, an accreditation body or a voluntary scheme regarding the reliability; and (g) applicable industry standards. (2) Notwithstanding subsection (1), a method shall be regarded as reliable if it is proven in fact to have fulfilled that function for which it was used, either by itself or together with further evidence.

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