HEFTY FINES IN ELECTRONIC COMMUNICATIONS, TRANSACTIONS BILL

MBABANE – Government is working on an Act to regulate electronic transactions and communications as well as the use of e-government services.

The Electronic Communications and Transactions Bill, 2020 has been gazetted and will be presented by the Minister of Information, Communications and Technology in Parliament.  Once it becomes an Act, it will regulate electronic communications and transactions, as well as facilitate the use of electronic government services. It will further protect consumers and provide for limitation of the liability of service providers. 

Transaction

The Act will apply in respect of any electronic transaction or electronic communication.

The Bill further spells out obligations of suppliers. A supplier offering goods or services for sale, for hire or for exchange by way of electronic transaction is to make available certain information to consumers as per the dictates of Section 29.  This includes the supplier’s full contact details, its place of business, e-mail address, and telefax number. 

The supplier is further required to provide sufficient description of the main characteristics of the goods or services offered to enable a consumer to make an informed decision on the proposed electronic transaction.

“The supplier shall provide the consumer with an opportunity to review the entire electronic transaction; to correct any mistakes and to withdraw from the transaction, before finally placing an order,” reads one of the provisions. Section 34 (1) on unsolicited electronic communications states that marketing by means of electronic communication shall provide the addressee with details that include the identity of the originator and contact details including its place of business, e-mail and address.

Documents

The Act will further elucidate guidelines on acceptance of electronic filing and issuing of documents. Any public body that, pursuant to any law, accepts the filing of documents or requires that documents be created or retained; issues any permit, licence or approval; or provides for a manner of payment; may not withstanding anything to the contrary in such law; (i) accept the filing of such documents or the creation or retention of such in the form of electronic communications; (ii) issue such permit, licence or approval in the form of an electronic communication; or make or receive payment in electronic form or by electronic means. 

Regulation

“If an offence under this Act or any regulation made under this Act has been committed by a company or a member of a partnership, firm or business, society or association of persons, every director or officer of that company or any other member of the partnership or association or other person concerned with the management of the partnership shall be liable for that offence unless that person proves to the satisfaction of the court that due diligence to secure compliance with the provisions of this Act was applied by that person and the offence was committed without knowledge, consent or connivance of the person.

“A person, company, partnership, firm, business, society or association of persons convicted of an offence under this section shall be liable to a fine not exceeding E1 million or imprisonment of a period nor exceeding five years or both,” reads Section 45 in part.

 Meanwhile, as reported over a month ago, government is going digital with payments for company registration, among other services, to be made electronically in a bid to ease doing business.

Some of the provisions:

A person, company, partnership, firm, business, society or association of persons convicted of an offence under this section shall be liable to a fine not exceeding E1 million or imprisonment of a period nor exceeding five years or both

A supplier offering goods or services for sale, for hire or for exchange by way of electronic transaction shall make available certain information to consumers as per the dictates of Section 29.  This includes the supplier’s full contact details, its place of business, e-mail address, and telefax number.

Marketing by means of electronic communication shall provide the addressee with details that include the identity of the originator and contact details including its place of business, e-mail and address.

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