This document contains workings, explanations and solutions to the LML4810 PORTFOLIO (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4..
The Electronic Communications and Transactions Act (ECTA) 25 of 2002 is the
primary regulatory framework for e-commerce in South Africa. Below is a
comprehensive comparison between ECTA and other international legal
frameworks, highlight key issues relevant to e-commerce, and address
challenges specific to Africa.
Similarities and Differences: ECTA vs. International/Regional Model Laws
1. UNCITRAL Model Law on Electronic Commerce
The United Nations Commission on International Trade Law (UNCITRAL)
Model Law on Electronic Commerce (1996) has significantly influenced many
national e-commerce laws, including ECTA.
Similarities:
• Legal Recognition of Electronic Documents: Both ECTA and the
UNCITRAL Model Law affirm the legal equivalence of electronic
documents and traditional paper documents.
• Electronic Signatures: Both frameworks recognize the validity of
electronic signatures, provided they meet certain criteria related to
reliability.
• Non-discrimination: They uphold the principle of non-discrimination
against information merely because it is in electronic form.
Differences:
• Consumer Protection: ECTA devotes a detailed section to consumer
protection in electronic transactions, which is more developed compared
to the broad guidelines of the UNCITRAL Model Law.
• Jurisdictional Rules: ECTA includes more specific provisions regarding
the jurisdiction of South African courts over electronic transactions
compared to the UNCITRAL Model Law.
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