The Electronic Transactions Act

The Ministry of Energy Mining and Telecommunications (now the Ministry of 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, then 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.

Reference
Ministry of Mining and Telecommunications