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HIPSSA Project

HIPSSA Project. Support for Harmonization of the ICT Policies in Sub-Sahara Africa . Model Law for Electronic Transactions and E-Commerce Tana Pistorius, HIPSSA expert. PURPOSE. Facilitate e-growth Legal certainty Protection of individuals Advantages of legislative synergy.

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HIPSSA Project

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  1. HIPSSA Project Support for Harmonization of the ICT Policies in Sub-Sahara Africa Model Law for Electronic Transactions and E-Commerce Tana Pistorius, HIPSSA expert

  2. PURPOSE • Facilitate e-growth • Legal certainty • Protection of individuals • Advantages of legislative synergy

  3. General enabling

  4. Electronic Transactions

  5. Electronic commerce

  6. 3 PIVOTAL PRINCIPLES • Functional equivalence • Translation of requirement to electronic environment • Media neutrality • Technology neutrality • No prescribed technology • Flexible- accommodate future technologies • Compatibility with best practices • W

  7. International Best Practices

  8. THE ROAD LESS TRAVELLED

  9. Public Key Encryption

  10. Biometric recording • Pen & digitising pad hard copy signature • Data records biometric characteristics e.g. speed acceleration & verified against biometric signature data • Numerical identifier encrypted with biometric signature data • Also fingerprints, retina prints etc.

  11. Illustration: Time of contracting

  12. Time of contract formation • Canada: Communicated - when? Sent? Received? Steps 2-5 • Belgium: Acceptance rule: reaches mailbox & possibility to take note step 4 or 5? • Germany – reaches host computer of addressee Step 4 • Norway: Comes to the knowledge of addressee – accessed & opened e-mail step 5 • SADC rule...RECEPTION

  13. Conclusion: Why is it NB?? • Legal recognition and time & place = Basis of e-contracting & legal certainty

  14. Peter Steiner published by The New Yorker on July 5, 1993 http://en.wikipedia.org/wiki/On_the_Internet,_nobody_knows_you're_a_dog

  15. Provisions tied to a specific technology Provisions that treat paperand electronic formsunequally Provisions that do not cover aspects of e-commerce and e-transactions fully Non-harmonised clauses – UNCITRAL input OUR TASKS: Detect & amend

  16. Questions… Tana Pistorius pistot@unisa.ac.za Research Professor: UNISA Acting Head: Directorate Innovation & Technology Transfer Adam Mambi Union Internationale des Télécommunications International Telecommunication Union

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