Definition of Data

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Main Focus of Document

Makes provision for all electronic transactions

Target Beneficiaries or Sector

Bahamians and international personnel seeking to do business with Bahamians electronically

Key Elements

This Act provides for the legal recognition of electronic transactions including electronic contracts for the purpose of commercial and other transactions. Ensures that e commerce service providers maintain certain standards when doing business; and makes provision for an E Commerce Advisory Board that will oversee e transactions and for other advisory purposes.

19. (1) An intermediary shall not be subject to any civil or criminal liability in respect of third-party information contained in an electronic communication for which such intermediary is only providing access and he — 
(a) has no actual knowledge that the information gives rise to civil or criminal liability; 
(b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or 
(c) follows the procedure set out in section 20 if the intermediary — (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known. 
(2) An intermediary shall not be required to monitor any information contained in an electronic communication in respect of which the intermediary provides services in order to establish knowledge of, or to become aware of, facts or circumstances to determine whether or not the information gives rise to civil or criminal liability. 
(3) Nothing in this section shall relieve an intermediary from complying with any court order, injunction, writ, Ministerial direction, regulatory requirement, or contractual obligation in respect of an electronic communication. 
(4) For the purposes of this section — “provides access”, in relation to third-party information, means the provision of the necessary technical means by which third-party information may be accessed and includes the automatic and temporary storage of the third-party information for the purpose of providing access; “third-party information” means information of which the intermediary is not the originator.

20. (1) If an intermediary has actual knowledge that the information in an electronic communication gives rise to civil or criminal liability, as soon as practicable thereafter the intermediary shall —
 (a) remove the information from any information processing system within the intermediary’s control and cease to provide or offer to provide services in respect of that information; and 
(b) notify the police of the relevant facts and of the identity of the person for whom the intermediary was supplying services in respect of the information, if the identity of that person is known to the intermediary. 
(2) If an intermediary is aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information in an electronic communication ought reasonably to have been known, as soon as practicable thereafter the intermediary shall — 
(a) follow the relevant procedure set out in any code of conduct that is applicable to such intermediary under section 21; or Procedure for dealing with unlawful, defamatory, etc. information. 
(b) notify the police and the Minister. 
(3) Upon being notified in respect of any information under subsection (2), the Minister may direct the intermediary to —
(a) remove the electronic communication from any information processing system within the control of the intermediary; and 
(b) cease to provide services to the person to whom the intermediary was supplying services in respect of that electronic communication. 
(4) An intermediary shall not be liable, whether in contract, tort, under statute or pursuant to any other right, to any person, including any person on whose behalf the intermediary provides services in respect of information in an electronic communication, for any action the intermediary takes in good faith in exercise of the powers conferred by, or as directed by the Minister under, this section. 

21. (1) If a code of conduct is approved or a standard is appointed by the Minister under this section to apply to intermediaries or e-commerce service providers, those intermediaries or e-commerce service providers shall comply with such code of conduct or standard. 
(2) An intermediary or e-commerce service provider who fails to comply with an approved code of conduct or appointed standard, shall in the first instance be given a written warning by the Minister and the Minister may direct that person to cease and desist or otherwise to correct his practices, and, if that person fails to do so within such period as may be specified in the direction, he commits an offence and shall be liable on summary conviction to a fine not exceeding five thousand dollars and if the offence is a continuing one to a further fine of five hundred dollars for each day the offence continues. 
(3) If the Minister is satisfied that a body or organization represents intermediaries or e-commerce service providers, the Minister may, by notice given to the body or organization, request the body or organization to —
 (a) develop a code of conduct that applies to intermediaries or e-commerce service providers and that deals with one or more specified matters relating to the provision of services by those intermediaries or e-commerce service providers; and Codes of conduct and standards for intermediaries and e-commerce service providers. 
(b) provide a copy of that code of conduct to the Minister within such time as may be specified in the request. (4) If the Minister is satisfied with the code of conduct provided under subsection (3), the Minister shall approve the code of conduct by notice published in the Gazette and thereupon the code of conduct will apply to intermediaries or e-commerce service providers as the case may be, as may be specified in the notice. 
(5) If the Minister is satisfied that —
 (a) no body or organization represents intermediaries or e-commerce service providers; or (b) a body or organization to which notice is given under subsection (3) has not complied with the request of the Minister under that subsection, the Minister may, by notice published in the Gazette, appoint a standard that applies to intermediaries or ecommerce service providers. 
(6) If the Minister has approved a code of conduct or appointed a standard that applies to intermediaries or ecommerce service providers and —
 (a) the Minister receives notice from a body or organization representing intermediaries or ecommerce service providers of proposals to amend the code of conduct or standard; or 
(b) the Minister no longer considers that the code of conduct or standard is appropriate, the Minister may, by notice published in the Gazette, revoke or amend any existing code of conduct or standard. 
(7) References in this section to intermediaries or ecommerce service providers include reference to a particular class of intermediary or e-commerce service provider. 
22. (1) There shall be a board to be known as the “E-Commerce Advisory Board” for the purpose of providing advice to the Minister on matters connected with the discharge of his functions under this Act and the E-Commerce Advisory Board. 
(2) The Minister shall appoint the members of the Board by notice published in the Gazette. 
(3) The Board shall consist of not less than five or more than nine persons appearing to the Minister to be knowledgeable about electronic commerce, information technology, communications, finance education, law or international business. 
(4) The Minister shall designate one of the persons appointed a member under subsection (2) to be the chairman of the Board. 
(5) The Board shall determine its own procedure. 
(6) The persons appointed under subsection (2) shall hold office for such period and on such terms as may be determined by the Minister. 
(7) The function of the Board is to advise the Minister on any matter referred to it by the Minister or which, of its own initiative, the Board considers appropriate.

Policy/Regulation Mirrors

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