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The Ministry of Energy,
Mining and Telecommunications launched the promotion of
the E-Transaction Act (ETA) 2006 on 23rd October 2007 at
the Knutsford Court Hotel in Kingston.
Speaking at the launch,
Minister of Energy, Mining and Telecommunications, Clive
Mullings, said that this is, for us, a historic day
which marks another milestone in the transformation of
Jamaica into a digital society. He noted that the
objective of the Public Education Programme is to inform
the public of their role, rights, responsibilities and
benefits under the Act and to encourage all citizens to
conduct business online. It will be conducted during the
period October 2007 to January 2008.
The Electronic
Transactions Act came into effect 2nd April 2007. The
Act provides the legal framework to promote local and
international confidence in the integrity and
reliability of electronic documents and electronic
transactions.
The Act applies to the
formation, by means of electronic transactions, of
agreements for the supply of goods, services or
facilities by any supplier who:
- In Jamaica, offers
goods, services or facilities, for sale, hire or
exchange, to any person in or outside of Jamaica; or
- Whether in or
outside of Jamaica, offers goods, services or
facilities, for sale, hire or exchange, to any
person in Jamaica.
The Act provides a
specific provision for consumers to lodge complaints to
the Consumer Affairs Commission in accordance with
section 7 of the Consumer Protection Act.
While the aim of the Electronic Transactions Act is to
cover all electronic transactions, it is important to
note that there are certain transactions to which the
Act does not apply, namely:
-
Wills: The
making, execution, alteration or revocation of a
Will or other testamentary instrument.
-
Real Estate: The
conveyance or transfer of real property or any
interest in real property.
-
Trusts or Power of
Attorney: The creation, variation,
performance or enforcement of any trust or power of
attorney.
-
Civil Procedure Rules:
Any procedure governed by the Civil Procedure Rules,
2002, or by rules of court made pursuant to any law.
(The Civil Procedure Rules already provide for,
inter alia, the service of documents by electronic
means and the general exclusion is made, I believe,
so as to permit the courts’ administrators
themselves to facilitate specific electronic
transactions and communications in due course).
The afore-mentioned
excluded transactions have always been ones which the
laws of Jamaica have treated in a very cautious manner
with regard to formality, perfection and proof. As such,
if these transactions are conducted electronically, such
transaction will not be recognized as valid under the
Electronic Transactions Act.
Please note that the Act does not impose any obligations
on any person to create, give or receive any information
electronically. It has clear provisions related to the
obligations of suppliers and the rights of the consumers
who wish to conduct electronic transactions.
For
more details, see the documents below:
The Ministry wishes to
encourage you to become familiar with the provisions of
the Act. You may purchase a copy of the Electronic
Transactions Act and related Regulations from:
Jamaica
Printing Services
77½ Duke Street
Kingston, Jamaica W.I.
Tel: (876) 967-2250 -3, (876) 967-2280
Fax: (876) 967-2225
E-mail:
jps_1992@yahoo.com or
sales@jps1992.org
Website: http://jps1992.org
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