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BERMUDA | RSS PODCAST

Govt seeks public opinion on updating of e-commerce laws

The public will be asked to have its say on the future of e-commerce in Bermuda with the launch of a consultation on changes to the Electronic Transactions Act (ETA) 1999 next week.

The announcement of the launch was made by Patrice Minors, Minister of Business Development and Tourism, along with Nancy Volesky, director of e-commerce, and Graham Wood, chairman of the advisory committee, at a press conference held yesterday with a view to updating the existing legislation which is now more than 11 years old in a bid to keep up with the latest developments in technology.

The ETA Public Consultation Document along with information on the process and submissions will be officially launched on the Government portal at www.gov.bm on Monday November 29. Hard copies will be available from the Department of E-commerce in the F.B. Perry Building on Church Street.

That will be followed by a session for business and technology representatives at the Bermuda Chamber of Commerce on Thursday December 2 between 1.30pm and 3pm and a meeting for residents at the same location on Monday, December 6, from 5.30pm to 7.30pm.

The survey, which will take place over a five-week period, ending on December 31, 2010, includes a suggestion for an amendment to the authorised certification provider scheme, which were introduced to regulate the issuance of digital certificates, refers to standards issued by one of the international agencies.

"The document applies to e-commerce service providers and it has been suggested that it be amended to update its contents, correcting some anomalies that have arisen as a result of changes in the use of technology," said Minister Minors.

"The aim of this exercise is not only to strengthen our already existing legislation, but to also ensure that Bermuda remains a competitive jurisdiction with respect to conducting business electronically.

"So we want to encourage as much public feedback as possible and hear from from interested parties with regard to any potential opportunities and/or challenges that might exist for the IT, e-commerce and e-business sectors."

On completion of the consultation process, Government will gather and carefully consider the public's feedback before formalising any policy recommendations.

The ETA was introduced to promote public confidence in electronic business in order to enhance the Island's reputation as an international business centre, to facilitate electronic transactions by means of reliable electronic records, to remove uncertainties over conducting transactions electronically regarding requirements for documents and signatures in writing, and to develop the legal and business infrastructure necessary to implement electronic transactions securely.

The original legislation, which came into force in October 1999, was drafted after consideration of the latest models provided by the Organisation for Economic Development and Co-operation and other international organisations such as the 'UNCITRAL Model law on Electronic Commerce 1996'.

The regulations implemented supported provisions in the ETA, including the Standard for Electronic Transactions issued effective from May 18, 2000 and the Certification Service Providers Regulations introduced in 2002.