Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)Chapter III : Facilitating Electronic TransactionsPart 1 : Legal requirements for data messages11. Legal requirements for data messages |
| (1) | Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data message. |
| (2) | Information is not without legal force and effect merely on the grounds that it is not contained in the data message purporting to give rise to such legal force and effect, but is merely referred to in such data message. |
| (3) | Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message if such information is— |
| (a) | referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and |
| (b) | accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonably capable of being reduced to electronic form by the party incorporating it. |