Electronic Commerce in Malaysia

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  • Topic: Digital signature, Law, Constitution of Malaysia
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-Electronic Commerce

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LAWS OF MALAYSIA
Act 658
ELECTRONIC COMMERCE ACT 2006

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Laws of Malaysia

ACT 658

Date of Royal Assent Date of publication in the Gazette ... ...

... ...

30 August 2006 31 August 2006

Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia).

Electronic Commerce LAWS OF MALAYSIA Act 658 ELECTRONIC COMMERCE ACT 2006

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ARRANGEMENT OF SECTIONS PART I
PRELIMINARY Section

1. 2. 3. 4. 5.

Short title and commencement Application Use not mandatory Reference to other written laws Interpretation

PART II
LEGAL RECOGNITION OF ELECTRONIC MESSAGE

6. 7.

Legal recognition of electronic message Formation and validity of contract

PART III
FULFILMENT OF LEGAL REQUIREMENTS BY ELECTRONIC MEANS

8. 9. 10. 11. 12. 13.

Writing Signature Seal Witness Original Retention of document

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Section

Laws of Malaysia
14. 15. 16. Copy Prescribed form Service and delivery PART IV COMMUNICATION OF ELECTRONIC MESSAGE

ACT 658

17. 18. 19. 20. 21. 22. 23. 24.

Attribution of electronic message Contents of electronic message Each electronic message to be regarded separately Time of dispatch Time of receipt Place of dispatch Place of receipt Acknowledgement of receipt PART V MISCELLANEOUS

25.

Regulations SCHEDULE

Electronic Commerce LAWS OF MALAYSIA Act 658 ELECTRONIC COMMERCE ACT 2006

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An Act to provide for legal recognition of electronic messages in commercial transactions, the use of the electronic messages to fulfill legal requirements and to enable and facilitate commercial transactions through the use of electronic means and other matters connected therewith. [ ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY

]

Short title and commencement 1. (1) This Act may be cited as the Electronic Commerce Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Application 2. (1) Subject to section 3, this Act shall apply to any commercial transaction conducted through electronic means including commercial transactions by the Federal and State Governments. (2) This Act shall not apply to the transactions or documents specified in the Schedule.

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Laws of Malaysia

ACT 658

(3) The Minister may by order amend, vary, delete from or add to the Schedule.

Use not mandatory 3. (1) Nothing in this Act shall make it mandatory for a person to use, provide or accept any electronic message in any commercial transaction unless the person consents to the using, providing or accepting of the electronic message. (2) A person’s consent to use, provide or accept any electronic message in any commercial transaction may be inferred from the person’s conduct.

Reference to other written laws 4. The application of this Act shall be supplemental and without prejudice to any other laws regulating commercial transactions.

Interpretation 5. In this Act, unless the context otherwise requires— “electronic” means the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or other similar technology; “Minister” means the Minister charged with the responsibility for domestic trade and consumer affairs; “electronic message” means an information generated, sent, received or stored by electronic means; “originator” means a person by whom or on whose behalf, the electronic message is generated or sent; “addressee” means a person who is intended by the originator to receive the electronic message;

Electronic Commerce

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“information processing system” means an electronic system for generating, sending, receiving,...
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