Tuesday, October 13, 2009

Electronic Commerce Act 2006

Due to the rapid growth of electronic commerce in recent times, there has been a surge in the usage of the internet for business transactions. Commercial transactions such as banking transactions and the purchase of goods and services are now frequently performed over the internet and other computer networks. Furthermore, communication via e-mail is now commonplace in the commercial world.

In the line with this development, the Electronic Commerce Act 2006 (“the Act”) was enacted and came into force on 19th October 2006. There are three main objectives regarding the enactment of this Act which is to reaffirm the validity and legal effect of transactions by electronic means, to remove legal obstacles to e-commerce and to provide certainty in electronic communication. (An Overview on Electronic Commerce Act 2006, Aruna Kumaran, Senior Assistant Secretary Policy and Planning Division Ministry of Domestic Trade and Consumer Affair)

The scope of the Act also covers electronic commercial transactions carried out by the Federal and State Governments. However, the Act does not apply to certain transactions or documents, namely (1)power of attorney, (2)creation of wills and codicils, (3) creation of trusts, and (4)negotiable instruments.

Furthermore, the Act also contains provisions setting out how to determine the ‘who, what, where and when’ of an electronic message. Or in other words, this Act is mainly about procedures in operating the online transactions or e-commerce.


An electronic message is deemed to be sent by the originator of the message if it is sent by a person who has the authority to act on behalf of the originator in respect of that message or if the message is sent by an information processing system programmed by, or on behalf of the originator to operate automatically.The notion that one has to physically put pen to paper to sign a contract is now a thing of the past.

A person who receives an electronic message is entitled to regard the message as being that of the originator except in instances where he has received notice from the originator that the message was not sent by him or the addressee knew or should have known that the message was not sent by the originator had he exercised reasonable care.


What exactly did the originator of the message intend to send? Under the Act, there is a presumption that the electronic message is what the originator intended to send, and the addressee can act on that presumption unless the originator can show that the addressee knew or should have known that the electronic message received was an error. Therefore parties to a commercial transaction have to take precautions to ensure that any messages to be sent contains accurate information and are indeed intended for the recipient.


How does one determine the location of dispatch and receipt of electronic messages? The Act deems an electronic message to be sent from the originator’s place of business and received at the addressee’s place of business. If there is more than one place of business, it will be considered sent from the place of business that has the closest relationship with the transaction or in the absence of that, from the principal place of business. In circumstances where the originator or addressee has no place of business, it will be deemed sent or received, as the case may be, at the originator’s or addressee’s ordinary place of residence.


With regards to the issue of time of dispatch, an electronic message is deemed by the Act to be sent when it enters an information processing system outside the control of the originator. Therefore it would appear that the time of dispatch will be when a person clicks the ‘Send’ button when e-mailing or the ‘Buy/Purchase’ button on an online store.

An electronic message is deemed to be received when the message enters the designated information system (where there is a designated system), for instance, when a message enters the inbox folder of an e-mail account, or where there is no designated system, when the addressee comes to know about the message.

Where the parties agree or the originator requests that receipt of the electronic message is acknowledged, that message will be treated as though it has never been sent until the acknowledgment is received. If the method of acknowledgment has not been agreed by the parties, any acknowledgment (automated or otherwise) or any conduct of the addressee which is enough to communicate receipt, will suffice as acknowledgment.

Furthermore, the Act is a step forward in the regulation of contracts effected by electronic means. It lays down the legal principles that apply to the formation of such contracts as according to Section 7 of this Act, it provides that:

7. (1) In the formation of a contract, the communication of
proposals, acceptance of proposals, and revocation of proposals and acceptances or any related communication may be expressed by an electronic message.

The Act also lays down the requirements that have to be satisfied to establish the terms of these contracts, thereby enabling parties to put in place infrastructure that is capable of fulfilling these requirements.

In addition, the enforcement of the Consumer Protection (Amendment) Act 2007 on 15 August 2007 enables consumers who acquire goods or services through electronic means to file claims in the Tribunal for Consumer Claims under the Consumer Protection Act 1999. This will reduce the costs and expedite the disposal of litigation that arises from such transactions.

In conclusion, the act of Government in enacting this Electronic Commerce Act 2006 gives advantages to the consumers especially to those who actively conducting business transactions through the Internet.

*Electronic Commerce Act 2006 is on the sidebar.


electronic signature said...

Very well written post ! Thank you for sharing. An electronic message is reached when the message enters the designated information system . Here you can take example of mail enters into email box.

Abdullahel Kafe said...

Wow, Excellent post. This article is really very interesting and effective. I think its must be helpful for us. thanks for sharing your informative.
memory enhancement

shimul hossain said...

Another huge misconception is that e-cigs are more harmful than regular cigarettes. The fact is that electronic cigarettes contain very little nicotine. The average nicotine strength per serving size of e-liquid is 6 mg or less, which is almost half the nicotine amount in a traditional cigarette. But there are some e-liquid manufacturers that actually have zero nicotine e-liquid. So you won’t be getting any harmful effects from nicotine if you vape with these. Plus there won’t be any dangerous with secondhand vapor either.

Alison Kpi said...

At a time when affordable homes seller are in

short supply, the houses in Cobridge — or ‘Poundland’, as locals have dubbed it — represent a barely

believable bargain.

Abcd Abcd said...

Get Personalized Elmo CD for your children

shamim khan said...

Exclusive and adventurous top model Michelle available exclusively at Vogue - The Pune Escort Service,

Afshana Bilkis said...

buy Kids Scrubs

shimul hossain said...

Not all pain that persists will turn into chronic pain.
Different people experience chronic pain very differently.
Likewise, the effectiveness of a particular treatment for
chronic pain will often differ from person to person.
For example, a particular medication or injection
for a herniated disc may provide effective pain relief
for some people but not for others.

One problem is that not all patients with similar conditions
develop chronic pain, and it is not understood why some people
will develop
CHRONIC PAIN. Also, a condition that appears
relatively minor can lead to severe chronic pain,
and a serious condition can be barely painful at all.

onebigteam said...

Running your own virtual private server (VPS) was once limited to either profitable
side projects or those with money to burn. The relatively high monthly costs (often $40-$60 per month)
made it too expensive for personal projects that didn’t generate income and more serious endeavors often
used dedicated hardware, leaving VPS as a kind of …

rajuhasan2222 said...

Need Batterien go my website

raju hasan said...

Know about d bal max reviews go my website

Akash Khan said...

Fat Diminisher is solution to weight loss problem and many health niche If we compare it with other fat burning program includes crash diets, it is healthy way to lose weight and other diet plan will turn your body into

monalisa said...

Need happy new year 2016 image go to our website .

Rimi said...

click meyappa chettiar condo go our website and like what you want!

Priya said...

Black Label London As part of our efforts to make booking escorts in London convenient and simple, clients have the opportunity to apply to book time with one of our gorgeous model escorts online through our website. Send us your booking request and we will get back to you as soon as we can.

raju247 said...

Lake Grande the Location of MCL Lakeside MRT Tender is excellent as it is only a few minutes walk from Lake Side MRT Station. Also, the plot of land is located a short drive awa y from the Jurong High Speed Railway Station that boost a range of retail and shopping outlets for the residents to use.

raju hasan said...

Both paid and free press releases can also positively influence online reputation. Announcements of new products, services and promotions

juli24 said...

Thousands of Ultimate Nutritionz Members' have 'tried and tested' the Ultimate ... Ultimate Nutrition cares about your health & wellbeing throughout your life . Know more please go our website.

raju hasan said...

Phen375 reviews , Weight gain is something that affects your appearance, and not just appearance, it also puts you at a higher risk of facing health related complications one day! I have come across many people, who strive to achieve a healthy weight, and for that, they do not mind trying anything that can help them lose weight!

Md Akter said...

Queens Peak MCC Land
Pavilion & The Andrew Residences by mcc land bedok queens peak . This attractive land parcel is located within an established residential estate and next to Potong Pasir MRT station. The land parcel is located near commercial amenities such as NEX and
Tampines Ave 10 Queens Peak . Residents can also engage in recreational activities such as water sports at Kallang Riverside. The future development is also ideal for families with school-going children, with St. Andrew’s Junior and Secondary Schools, St. Andrew’s Junior Queens Peak Bedok Reservoir .
The 99-year leasehold site at Upper Serangoon Road/Meyappa Chettiar Road sits on about 173,830sqf of land and has a maximum allowable gross floor area of 608,408sqf. About 685 homes and 53,820sqf of commercial space can be developed on Dundee Road Queenstown Queens Peak .

juli24 said...

”lotto brands review” The elusive idea of being a millionaire is on everyone’s mind. Everyday work pushes people to find new ways of making money. Rushing through the traffic in the morning to reach a job they might not like only to spend eight to ten hours a day there is for some a nightmare. Trying to break out of that routine a lot of people will try all sorts of methods in the hopes of turning things around and get rich. Needless to say most of them fail at it since the world as we know it today is still not teeming with rich people. One of the biggest ideas out there is the lottery. It’s one of the oldest too considering the fact that the first signs of lottery can be found in the Han Dynasty between 204 and 187 BC. So naturally since it’s the oldest it must be the most popular too. That being said people have been playing the lotto for centuries and will continue to do so. The real question here is “what is the impact of the internet on the lottery?” It’s quite huge considering the power of the internet, how it allows the flow of information and how fast it can solve problems for you that in the past would take days, weeks and even months.

welcome said...

What is my ip
An ip address is a fascinating product of modern computer technology designed to allow one computer
(or other digital device) to communicate with another via the Internet. whatmyip addresses allow the location
of literally billions of digital devices that are connected to the Internet to be pinpointed and differentiated
from other devices. In the same sense that someone needs your mailing address to send you a letter,
a remote computer needs my ip location to communicate with your computer.

raju247 said...

real caller if free caller id service runs on all mobile platforms ,realcaller lets you search beyond your phone book to find people,business or phone number lookup

Kushtia71 said...

steam showers Canada
A steam shower is a type of bathing where a humidifying steam generator produces water vapor that is dispersed around a person's body. A steam shower is essentially a steam room that offers the typical features of a bathroom shower. steam showers are generally found in
self-contained enclosures that prevent the water vapour from escaping into the rest of the room, avoiding damage to drywall, paint, or wallpaper. steam shower combine the functionality of a standard steam room with many additional features including a shower, FM radio and hydrotherapy. steam showers are available in a variety of materials, including tile, acrylic, fiberglass, glass, stone, and wood.

After all, the average steam shower Canada spends about 80 hours in the simple act of showering every year. Start off the morning with your favourite music, played on the stellar sound system in our units.Sing (or even dance) in the shower in the morning to your energizing tunes, or enshroud yourself in misty steam clouds at night while listening to relaxing meditative tracks. Visit our showroom and you’ll covet a Perfect Bath steam showers Canadais the minute you step foot inside!

Anonymous said...

We provide pressure washing services to keep your property looking like new, including power washing buildings and concrete cleaning

Shobug Ahmed said...

" Facebook Ads " Thetricksblog is a Tech and How To Blog where we are regularly update Tips Tricks, How To Guide, Android Tutorial, Windows Problem Solve and many more things which is related to Technology.

Shobug Ahmed said...

" Thetricksblog" Thetricksblog is a Tech and How To Blog where we are regularly update Tips Tricks, How To Guide, Android Tutorial, Windows Problem Solve and many more things which is related to Technology.

Santa 77 said...

" TRX exercises for weight loss " TRX exercises for weight loss. Read more about TRX training for weight loss. Check the effectiveness of the TRX weight loss program

Charles Burns said...

home depot my apron we believe our associates are our greatest competitive advantage ... The Home Depot currently employs more than 27,000 associates in 10 ...

pakescorts646 said...

If you are looking for sexy and hot Islamabad Escorts call or whatsapp +923315361133.We offer premium Escort in Islamabad at the cheapest rate we ensure that you enjoy every moment of our Escorts in Islamabad. We have well educated as well trained Call Girls in Islamabad For more information call me.


Viagra war die allererste rezeptpflichtige Behandlung gegen Impotenz. Man schätzt, dass weltweit über 20 Millionen Männer mit diesem Medikament erfolgreich behandelt worden sind. Es ist in 88% der Fälle wirksam Männern zu helfen, die Mühe haben eine Erektion zu erreichen und aufrecht zu erhalten und besseren, zufrieden stellenderen Geschlechtsverkehr zu geniessen.
APK Mirror
Happy Birthday Meme
Desi Tashan Serial
Yeh Hai Mohabbatein

Anonymous said...

Windows Movie Maker Download
Pokemon Uranium Download

Blogger design by suckmylolly.com