QuestionsQuestions (DTI)
The objective is to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts, and exchange/storage of information using electronic, optical, and similar media, and to recognize the authenticity and reliability of electronic documents, promoting universal use of electronic transactions in government and by the public.
It applies to any kind of electronic data message and electronic document used in the context of commercial and non-commercial activities, including domestic and international dealings, transactions, arrangements, agreements, contracts, and exchange/storage of information.
No. Information shall not be denied validity or enforceability solely because it is in the form of an electronic data message or electronic document; it has legal effect, validity, or enforceability as any other document or legal writing.
A requirement under law that information be in writing is satisfied if the information is in the form of an electronic data message or electronic document.
It must (1) maintain its integrity and reliability and (2) be authenticated so it is usable for subsequent reference—meaning it remains complete and unaltered (except authorized/normal changes) and is reliable in light of the purpose and relevant circumstances.
The “original” requirement is met if there exists a reliable assurance as to integrity from when it was first generated in final form (shown by evidence aliunde or otherwise) and the electronic document is capable of being displayed to the person to whom it is to be presented.
An intermediary sends/receives/stores or provides services on behalf of another person regarding an electronic data message/document. A service provider is specifically defined as one providing on-line services or network access (or storage/making accessible technical means) and is characterized by limitations on authority to modify content.
When it meets the definition of electronic signature and is proved by showing a prescribed procedure (not alterable by interested parties) existed under which (i) identity is indicated and linked to access/consent, (ii) the method is reliable and appropriate, (iii) execution by the party was necessary to proceed, and (iv) the other party can verify the signature and decide to proceed based on it.
Proof of the electronic signature gives rise to rebuttable presumptions that (1) it is the signature of the person to whom it correlates, and (2) it was affixed with intention to sign/approve, unless the relying party knew or had notice of defects/unreliability, or reliance is not reasonable under the circumstances.
The person seeking to introduce the electronic document or electronic data message has the burden of proving its authenticity by evidence capable of supporting that it is what it is claimed to be.
By showing the system/device was operating reliably without affecting integrity; or that the record was made/stored by an adverse party; or that it was made/stored in the usual course of business by a person not a party to the proceeding and not acting under the control of the party using the record.
Yes. Nothing denies admissibility solely because it is electronic or not in standard written form; electronic documents have the functional equivalent of written documents, subject to authentication/best evidence rules.
Except as otherwise agreed, offer, acceptance, and other elements required for contract formation/perfection may be expressed and proved via electronic data messages/documents, and no contract is denied validity or enforceability solely because those elements are expressed/proved electronically.
Upon the actual dispensing of cash or the debit of one account and corresponding credit to another, whether initiated by depositor or an authorized collecting party, and for ATM switching network transactions the obligation is absolute (not subject to preference of credits).
They are deemed to be those of the originator if sent by an authorized person acting for the originator, or by an information and communications system programmed by/on behalf of the originator to operate automatically.
Dispatch occurs when the message enters an information and communications system outside the control of the originator (or the sender on behalf of originator). Receipt occurs when it enters the designated receiving system; if both parties are participants in that system, receipt occurs when retrieved by the addressee; otherwise it occurs when retrieved by the addressee or when it enters the addressee’s information system if no designated system exists.
Subject to applicable laws and/or DTI and other agency rules/guidelines, parties are free to determine the type and level of security needed and select appropriate technological methods suited to their needs.
Technology neutrality, interoperability, elimination of red tape, security measures, and auditability (audit trail).
Generally, if acting as an access provider and liability is not founded on the provider’s obligations under the electronic document, and provided specific conditions are met (e.g., no actual knowledge or awareness of illegality, no knowing financial benefit, no direct infringement/unlawful act, and no inducement to infringe), while not affecting contractual or statutory obligations and possible injunctive relief or preservation of evidence.