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Gov’t moves to finalize Electronic Communications and Transactions Bill
Kaieteur News – The Ministry of Tourism, Industry and Commence under the new Government of Guyana, has initiated moves to advance the reform and modernization of the business sector. Against this, the Ministry recently revealed that it is proceeding with the finalization of the Electronic Communications and Transactions Bill of 2019.
Minister of Tourism, Industry and Commence, Oneidge Walrond.
This Bill aims at providing for the facilitation and regulation of secure electronic communications and transactions and for their legal recognition; to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce; and to enhance efficient delivery of governance by public authorities by means of reliable electronic records and electronic filing of documents and for related matters.
Further aiming at ensuring that all the necessary stakeholders have a say in the finalization of the Bill, the Business Ministry has invited public comments on the draft.
Notably, the Bill stipulates that it is bound by the State, except as otherwise provided. It stated that nothing in this Act obliges any public authority to generate, send, receive, store or otherwise process any record by electronic means. However, the Minister may, by notice published in the Gazette, declare that a public authority may receive and process electronic communications relating to the matters specified in the notice.
Under the legal recognition of electronic communications, it stated that it cannot be denied legal effect, validity, admissibility or enforceability solely on the ground that it is rendered an electronic form.
With regards to the legal recognition of electronic records, the Bill stated that it must be accepted in electronic form only if it does not exist in its written or printed form. These forms included, but are not limited to making an application; filing, making or lodging a claim; giving, sending or serving a notice; filing or lodging a return; making a request or requisition; making a declaration; filing, lodging or issuing a certificate; making, varying or cancelling an option; filing or lodging an objection or reply; or giving a statement of reasons.
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