New e-commerce legislation enacted last week in the Bahamas represents a step forward in the government’s campaign to develop the jurisdiction into a leading location from which to do e-business, according to the Bahamas Financial Services Board (BFSB).
The Electronic Communications and Transactions Act 2003, and the Computer Misuse Act 2003 both came into effect last week. However, although the Data Protection Act was also passed by Parliament earlier this year, it has not yet come into force, as the Data Commissioner required under the terms of the Act has not yet been appointed.
The Electronic Communications and Transactions Act is designed to facilitate online commercial activity in the jurisdiction, and according to the BFSB:
‘In general terms…clarifies that wherever a law or legal requirement exists for writing, signature, originals, copies etc, the requirement is now satisfied if the writing, signature, original and copies are generated ‘electronically’. Likewise, it is now acceptable to form, negotiate and conclude contracts and other legally binding arrangements between parties using electronic devices.’
The Act also requires the creation of an e-commerce advisory board to advise Financial Services and Investments Minister, Allyson Maynard-Gibson on e-commerce, IT, and telecommunications development matters.
The Computer Misuse Act creates a number of offences arising from illegal interference with computers and their security systems.
The Data Protection (Privacy of Information) Act, when it comes into force, will require that information should be obtained through lawful channels, and used in an appropriate manner consistent with the purposes for which it has been collected. It also provides for the appointment of a Data Protection Commissioner.
By Amanda Banks, for LawAndTax-News.com
