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The new code of conduct

Part One: deals with preliminary matters including the standard citation provisions and definitions of terms and expressions used in the Act; Part Two: deals with legal requirements respecting electronic records.

These records are not subject to legal challenges merely because they are in electronic form and satisfy legal requirements when accessible and retainable; Part Three: deals with the communication of electronic records.

A transaction conducted in electronic form is a valid contract and an electronic record is attributed to a person when it resulted from an action by that person or by an agent or electronic agent of that person; Part Four: deals with electronic signatures.

An electronic signature must be associated with an accredited certificate.

The Minister of Telecommunications and E-Commerce can authorise the certification and revocation of certification regarding the issuing of accredited certificates.

The authorised certification service provider is liable to anyone who relies on an accredited certificate for the accuracy of information it contains and for assurance that the person identified in the certificate held a signature creation device identified in the certificate.

But the service provider is not liable for errors where the information was provided by or on behalf of the person to whom the certificate was issued; Part Five: deals with encryption.

The Minister can make regulations relating to the use, import and export of encryption programmes and other products.

Under the law, users may apply encryption programmes that have come lawfully into their possession; Part Six: deals with data protection.

The Minister can make regulations relating to the protection of personal data.

These provide for voluntary registration and de-registration, the establishment of a register for public inspection, the application of standards to specified countries and different standards relating to personal date from different countries; Part Seven: deals with intermediaries and e-commerce service providers.

Intermediaries, who merely provide a conduit, are not liable for the content of electronic records when they have no actual knowledge, or are not aware of facts, that would objectively indicate a likelihood of civil or criminal activity in respect of material on the intermediary's network; Part Eight: deals with the establishment of an E-Commerce Advisory Board to guide the Minister; Part Nine: deals with general materials.

Liability is imposed on corporate officers who commit offences under the Act and general authority to make regulations subject to the negative resolution procedure is provided for along with penalties;