E-commerce Law in Singapore

Electronic Transactions Act 1998

This act was passed by the Singapore parliament in September in 1998. It will deals with the issues of certainty of electronic records and transactions. The ETA was drafted with the following principles:

(i) the need to conform to international standards and international model in order to be integrated with the global e-commerce framework;
(ii) the need to avoid over-regulation;
(iii)the need to be flexible and technologically neutral to adapt quickly to a free-flow global environment; and
(iv)the need for transparency and predictability in our laws.

The act also covers the following areas:
(i) electronic contracts
The section covers electronic contracts which are based on the UNCITRAL model laws. This part will settle the issue of how the formation form of contract in way of traditional should also be operated in e-commerce. It also will help us to solve the issue of the uncertainty of laws on electronic contracts. In addition, the act also clarifies the position of electronic contracts. In this part, the validity or enforceability can not be denied although the offer and acceptance is made by means of electronic records.

(iii) Electronic records and signatures,
Despite including provisions which deal with electronic secure records and signatures the act also mentioned that no record should be denied any legal effect just because it is a form of electronic record. Furthermore, the act also ensure that a secure environment for commercial transactions to take place. In this case, the parties must have some reasonable assurance that the electronic record, whether it takes the form of a contractual document or an electronic signature is identifiable with the originator. This is an essential ingredient in contractual liability. Then, the act also recognises digital signatures as one secure form of electronic transaction. Digital signatures allow parties the means with which to authenticate records for the purpose of conducting e-commerce transactions.

In conclusion, the government of Singapore had made attempt to strengthen the infrastructure
framework for electronic transactions in Singapore. To ensure the privacy in cyberspace is protected, the ETA was placed and it is a big step in e-commerce.