The advent of electronic commerce (e-commerce) and the rapid development of information and communication technology over the past decade, have revolutionised business practices across Jamaica.

As a result of these developments in communication and information technology, the Government of Jamaica, through the Ministry of Industry, Technology, Energy and Commerce (MITEC), has developed a new piece of legislation called the Electronic Transactions Bill, which will facilitate a safer and easier way to do business online.

"In recent times, there has been an increase in the use of the Internet to conduct transactions and these range from purchasing a book online to purchasing a ticket. This has resulted in what we would call e-commerce. Presently, most financial institutions offer e-banking services and within government, services are being offered online by entities, such as Jamaica Customs and Trade Board," Wahkeene Murray, legal officer at MITEC, said in a JIS news release.

"These entities, however, are conducting their operations under a legal framework that is heavily dependent on documents that are in writing and signatures that are handwritten. The purpose of the bill is to create the requirements and to bring these requirements in line with the electronic age," she adds.

The bill that was passed in the House of Representatives late last year, seeks to make the legal framework by which e-commerce will be governed, and will seek to facilitate electronic transactions by means of reliable electronic communication.

Eliminate barriers

"We are hoping that the bill will eliminate the barriers which presently exist regarding uncertainties over writing and signature requirements, thereby promoting public confidence in the integrity and reliability of electronic transactions," Miss Murray says.

She points out that the bill seeks to promote public confidence in the integrity of electronic communication and electronic transactions, in particular through the use of electronic signatures.

Miss Murray said another objective of the bill is to, "facilitate electronic filing of information with government agencies and statutory corporations, and promote efficient delivery of government services by means of reliable electronic communication".

The bill will address several issues, such as the legal recognition of electronic documents.

"The bill now gives legal effect, validity and admissibility to information communicated, created or stored electronically. As such, these documents will not have any less effect than a traditional, non electronic document," Miss Murray emphasises.

She adds that, "not because it is not on hard copy, it does not mean that the document is not valid and has no legal effect".

Another issue that the bill addresses is the matter of security in doing business online.

"The bill recognises electronic signatures, because one of the things that is required now is hand written signatures and what the bill does is that it ensures that there should be no issue arising over how one identifies or verify that the author of the document is in fact the author of the document," Miss Murray explains.

She says that parties to electronic contracts must be satisfied that the sender and receiver in the electronic transactions are who they purport to be. They must also be convinced that their electronic record can be authenticated and not forged while in transit.

"The safety concerns addressed in the bill relate chiefly to electronic signatures, that is information which is contained in or attached to an electronic document and is used by an individual to indicate his adoption of the content of that document," Miss Murray notes.

The bill requires that signatures in an electronic document must be capable of identifying the person, it must be uniquely linked to the person, and the signature must be created by using a means that the person can maintain under his sole control.

"Government is mindful of the potential dangers inherent in the use of the Internet. These include abuse of privacy, cyberpiracy, and misuse of personal data, and computer hacking. Therefore, companion legislations will be promulgated to address these mischiefs," Miss Murray tells JIS News.