electronic communications

the transfer of information by electronic means subject to special regulation by the EUROPEAN UNION. One purpose has been to facilitate transactions and to avoid the need for unnecessary paper transactions. In any legal proceedings:

(1) an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data; and
(2) the certification by any person of such a signature, is admissible in evidence in relation to any question as to the authenticity of the communication or data or as to the integrity of the communication or data.

An electronic signature is so much of anything in electronic form as:

(1) is incorporated into or otherwise logically associated with any electronic communication or electronic data; and
(2) purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both. An electronic signature incorporated into or associated with a particular electronic communication or particular electronic data is certified by any person if that person has made a statement confirming that the signature, a means of producing, communicating or verifying the signature, or a procedure applied to the signature, is (either alone or in combination with other factors) a valid means of establishing the authenticity of the communication or data, the integrity of the communication or data, or both. Members of the public who rely on an electronic signature are entitled to damages unless the provider can demonstrate no neglect. Liability is imposed on certification-service-providers in certain circumstances even though there is no proof of negligence unless the certification-service-provider in question proves he was not negligent. Certification-service-providers, in certain circumstances, have to comply with specified data protection requirements. Breach of that duty is actionable by a data subject who suffers loss and compliance with the requirements can also be enforced by civil proceedings by the Crown.

Collins Dictionary of Law © W.J. Stewart, 2006

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