Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Chapter III : Facilitating Electronic Transactions

Part 1 : Legal requirements for data messages

16. Retention

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(1)Where a law requires information to be retained, that requirement is met by retaining such information in the form of a data message, if—
(a)the information contained in the data message is accessible so as to be usable for subsequent reference;
(b)the data message is in the format in which it was generated, sent or received, or in a format which can be demonstrated to represent accurately the information generated, sent or received; and
(c)the origin and destination of that data message and the date and time it was sent or received can he determined.

 

(2)The obligation to retain information as contemplated in subsection (I) does not extend to any information the sole purpose of which is to enable the message to be sent or received.