18 Questions
Which factor is crucial in assessing the integrity of E-DM?
Evidence aliunde
What is a requirement for an E-Document to be considered valid?
Maintaining integrity and reliability
What makes an E-Signature reliable in the eyes of the law?
Remaining complete and unaltered
In what situations can an E-Document be considered equivalent to a written document?
If it is functional and reliable
Which aspect is essential for an E-Document to meet the legal requirements of being in its original form?
Ensuring reliable assurance as to integrity
What is the key characteristic that makes an E-Doc have the same legal effect as any other document?
Maintaining its integrity and reliability
What must be proved to establish that an electronic signature is equivalent to a handwritten signature on a document?
The method used to identify the party was reliable and appropriate.
In the context of e-signatures, what does it mean if reliance on the e-signature is not reasonable?
The person relying on the e-signature has notice of defects in the signature.
What burden of proof does a person seeking to introduce an electronic document in a legal proceeding have?
Proving the authenticity of the document.
What establishes integrity of an Information and Communication System when there is no evidence available?
Evidence that the system operated without affecting its integrity.
What presumption exists regarding an electronic signature unless certain conditions are met?
It was signed with the intention of approval.
What must be adopted and employed for verifying the originator and detecting error or alteration in E-DM & E-Docs?
Appropriate security procedure.
What can be a reason for not denying the admissibility of an E-DM or E-Doc?
Being recorded in electronic form
How should the retention of an E-DM or E-Doc be managed to satisfy legal requirements?
Remains accessible and in format, enabling identification of originator and addressee
When forming valid electronic contracts, how can the formation of contracts be expressed and demonstrated?
By means of E-DM or E-Docs
What is a key factor in assessing the evidential weight of an E-DM or E-Doc?
Reliability of its generation, storage, or communication
How can the legal presumption of integrity be supported for an E-DM or E-Doc?
By providing proof through affidavit
When are electronic transactions among banks deemed consummated?
Upon actual dispensing of cash
Study Notes
Electronic Document Management (E-DM) and Electronic Documents (E-Docs)
- Integrity of E-DM is crucially dependent on the reliability of the underlying system and process.
- For an E-Document to be considered valid, it must meet the legal requirements of being in its original form, which is ensured by a secure and reliable system that prevents alteration or tampering.
Electronic Signatures (E-Signatures)
- An E-Signature is reliable in the eyes of the law if it can be proved that the person intended to sign the document and had the intention to be bound by it.
- To establish equivalence to a handwritten signature, it must be proved that the electronic signature is unique to the signatory, capable of verification, and links the signatory to the document.
Admissibility of E-DM and E-Docs in Legal Proceedings
- In the absence of evidence, the integrity of an Information and Communication System can be established through adequate documentation and audit trails.
- A person seeking to introduce an electronic document in a legal proceeding has the burden of proof to establish its authenticity and integrity.
- If reliance on the e-signature is not reasonable, it may be deemed inadmissible.
- The legal presumption of integrity exists regarding an electronic signature unless it can be shown that the system was compromised or the signature was forged.
Validity of E-Contracts
- Electronic contracts can be formed through electronic means, such as clicking "I agree" or using digital signatures.
- The formation of contracts can be expressed and demonstrated through electronic records, such as emails, chat logs, or digital certificates.
Retention and Management of E-DM and E-Docs
- The retention of an E-DM or E-Doc should be managed through a secure and reliable system, ensuring integrity and authenticity.
Evidential Weight and Legal Presumption of Integrity
- The evidential weight of an E-DM or E-Doc depends on factors such as the reliability of the system, the integrity of the document, and the presence of adequate documentation and audit trails.
- The legal presumption of integrity can be supported through adequate documentation, audit trails, and a secure and reliable system.
Electronic Transactions among Banks
- Electronic transactions among banks are deemed consummated when the transaction is completed and verified through secure and reliable systems.
Explore the legal recognition of electronic documents, electronic signatures, and electronic data messages. Understand how original documents can be presented or retained in electronic form, and the standards of integrity and reliability required in assessing electronic documents. Learn about the validity and enforceability of electronic data messages.
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