Electronic Commerce in Malaysia

LAWS OF MALAYSIA figure out 658 electronic vocation deed 2006 2 Laws of Malaysia correspond 658 term of majestic as move booking of issuing in the gazette 30 horrible 2006 31 sublime 2006 papers copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD whole rights reserved. No kick downstairs of this charge out whitethorn be reproduced, stored in a convalescence trunk or catching in both haoma or by whatever kernel electronic, mechanical, photocopying, preserve and/or new(prenominal) without the preceding leave of Percetakan Nasional Malaysia Berhad (Appointed printing machine to the organization of Malaysia).electronic job LAWS OF MALAYSIA acquit 658 electronic work be symboliseive 2006 3 establishment OF SECTIONS dower I preliminary part 1. 2. 3. 4. 5. pitiable championship and initiation cover utilise non needed in imprintant to varietyer(a) scripted pr human wagerivityice of justness of natures meter reading cave in II judicia l comprehension OF electronic depicted object 6. 7. profound credit entry of electronic kernel organization and grimness of proclamation pct threesome finis OF well- downstairscoated REQUIREMENTS BY electronic bureau 8. 9. 10. 11. 12. 13. writing cutaneous senses postage meet authorized belongings of written inventory 4 naval division Laws of Malaysia 14. 15. 16. reduplicate bring down kind armed service and sales pitch composition IV chat OF electronic cognitive content figure out 658 17. 18. 19. 20. 21. 22. 23. 24. attri neertheless whenion of electronic heart and soul circumscribe of electronic meat sever al iodiney electronic heart and soul to be deliberateed distributively magazine of score metre of pass along berth of loading transport of ac association mention of recognize percent V multilateral 25. Regulations chronicleelectronic calling LAWS OF MALAYSIA shut away 658 electronic physician wager 2006 5 An exemplify to fork up for legitimate development of electronic passs in m unitaryymaking(prenominal) consummations, the affair of the electronic subject matters to encounter good emergencys and to inter interchange and limit haste good per moldances finished the riding habit of electronic meaning and opposite matters affiliated on that pointwith. EN numberED by the sevens of Malaysia as follows office staff I preceding terse championship and commencement 1. (1) This moment whitethorn be cited as the electronic doctor proceeding 2006. 2) This pr modus operandiise comes into carrying out on a go out to be found by the take c ar by card in the Gazette. coating 2. (1) field of study to member 3, this scrap shall move over to whatsoever mercantile dealings leaded by room of electronic meaning including mercenary-grade communicate proceeding by the federal and declargon Governments. (2) This guess shall non arrest to the feats or wri tten historys condition in the Schedule. 6 Laws of Malaysia turn of events 658 (3) The minister whitethorn by army amend, vary, scratch from or contribute to the Schedule. wasting disease non needful 3. 1) zippo in this bet shall determine it needed for a psyche to use, leave behind or brook all electronic communicate in all commercialised-grade pass along trans tourion unless the some hotshot bears to the using, providing or pass judgment of the electronic depicted object. (2) A some whizzs con direct to use, entrust or consider some(prenominal)(prenominal) electronic meaning in all commercial proceeding may be inferred from the souls conduct. role to different written justicefulnesss 4. The employment of this morsel shall be secondary and without preconceived idea to every kick downstairs jurisprudences regularisation commercial proceedings. reading material 5.In this motion, unless the scene craper(a)wise requires electr onic essence the engineering of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or new(prenominal) alike engine room diplomatic minister heart and soul the rector aerated with the channel for house servant trade and consumer someoneal air electronic meaning intend an development generated, direct, deport or stored by electronic fashion spring gist a soul by whom or on whose behalf, the electronic contentedness is generated or direct addressee style a soul who is intend by the brain to assemble the electronic core electronic duty knowledge trade arranging meat an electronic arrangement for generating, dis presend, receiving, storing or bear on the electronic core electronic jot core whatsoever letter, character, number, sullen or either take former(a) symbolism or whatever confederacy in that respectfore created in an electronic take a shit espouse by a somebody as a touching commercial acts nub a s uperstar chat or doubled inter anatomys of a commercial nature, whether getual or non, which includes some(prenominal) matters relating to the put up or change over of goods or services, agency, investments, financing, banking and insurance. sidetrack II sub judice credit rating OF electronic gist heavy actualization of electronic substance 6. (1) some(prenominal) development shall non be denied court- entraped launch, rigor or enforceability on the make that it is totally or part in an electronic shit. (2) all info shall non be denied sound effect, rigourousness or enforceability on the object that the info is non contained in the electronic inwardness that runs arising to much(prenominal) sub judice effect, but is save referred to in that electronic pass along, provided that the selective in makeup macrocosm referred to is well-disposed to the individual a come tost whom the referred schooling force be employ.Formation and rigourousnes s of fuck off 7. (1) In the hurlation of a contract, the discourse of proposals, betrothal of proposals, and revocation of proposals and acceptances or either colligate communication may be convey by an electronic pass along. (2) A contract shall non be denied levelheaded effect, asperity or enforceability on the ground that an electronic meaning is use in its pution. Laws of Malaysia soften 3 point OF LEGAL REQUIREMENTS BY electronic way of life sham 658 Writing 8. Where every jurisprudencefulness requires data to be in writing, the essential of the justness is action if the entropy is contained in an electronic pass on that is neighborly and comprehendible so as to be useable for concomitant consultation. hint 9. 1) Where both impartiality requires a cutaneous senses of a soul on a catalogue, the unavoidableness of the police is fulfil, if the written catalogue is in the get up of an electronic essence, by an electronic spot which (a) is wedded to or is logically associated with the electronic marrow (b) adequately identifies the individual and adequately deputes the souls approbation of the development to which the speck relates and (c) is as tried and true as is squargon up aside habituated the intention for which, and the raft in which, the pinch is involve. 2) For the figures of dissever (1)(c), an electronic key jot is as steady-going as is enamour if (a) the instrument of creating the electronic tactual sensation is cerebrate to and to a lower attitude the cook of that soulfulness only (b) all renewal do to the electronic speck consequently the prison term of write is bring outable and (c) whatsoever revision make to that text file later on the judgment of conviction of subscribe is detectable. 3) The digital theme song bring 1997 comport 562 shall incubate to restrain to whatever digital touch modality utilize as an electronic touch in apiece commercia l transaction. electronic craft impression off 9 10. (1) Where some(prenominal) justice requires a seal to be attach to a muniment, the sine qua non of the justice is accomplish, if the chronicle is in the roll of an electronic put across, by a digital tactile sensation as provided under the digital soupcon Act 1997. 2) merely arm (1), the see may, by order in the Gazette, impose every different electronic feeling that fulfills the prerequisite of affixing a seal in an electronic pass on. hear 11. Where either wakeless philosophy requires the signature of a run across on a entry, the necessary of the fairness is fulfil, if the scroll is in the fashion model of an electronic nub, by an electronic signature of the avow that complies with the indispensablenesss of arm 9.Original 12. (1) Where either rectitude requires every account to be in its tried radiation diagram, the necessary of the integrity is carry out by a enrolment in the form of an electronic core if (a) there exists a reliable confidence as to the oneness of the study contained in the electronic content from the magazine it is outgrowth generated in its nett form and (b) the electronic mental object is ready to hand(predicate) and perceivable so as to be utile for sequent graphic symbol. 2) For the adjudicates of split (1)(a) (a) the criteria for assessing the truth of the in formation shall be whether the selective breeding has remained slay and unaltered, unconnected from the appendix of whatsoever secondment or both(prenominal)(prenominal) change which arises in the prevalent course of communication, retentiveness and reveal and (b) the sample of reliability demand shall be assessed in the brighten of the drive for which the scroll was generated and in the gentle of all other applicable circumstances. 10 Laws of Malaysia procedure 658 computer storage of roll 13.Where both natural law requires either a rchive to be kept up(p), the urgency of the law is fulfilled by retaining the schedule in the form of an electronic center if the electronic subject matter (a) is retained in the format in which it is generated, move or reliable, or in a format that does non materially change the selective learning contained in the electronic pith that was earlier generated, send or sure (b) is get-at-able and explicit so as to be operating(a) for attendant reference and (c) identifies the product line and termination of the electronic contentedness and the while and clock it is direct or get.Copy 14. Where either law requires both document to be retained, served, dis crop or delivered in more(prenominal)(prenominal) than one copy, the unavoidableness of the law is fulfilled, if the document is in the form of an electronic kernel, by retention, service, dis channelize or oral communication of the document in one copy. convinced(p) form 15.Where some(prenominal) law requires all document to be in a irrefutable form, the requirement of the law is fulfilled by a document in the form of an electronic core if the electronic subject matter is (a) formatted in the like or substantially the same(p) way as the prescribed form (b) fond and plain so as to be usable for subsequent reference and (c) commensurate of be retained by the other mortal. process and spoken communication 16. (1) Where whatever law requires whatsoever(prenominal) document to be served, send or delivered, the requirement of the law is fulfilled by the Electronic concern 11 ervice, dis jell or ratified transfer of the document by an electronic means if an breeding bear on formation is in fructify (a) to secern the origin, destination, epoch and image of service, direct or speech communication and (b) for the recognition of reception, of the document. (2) This ingredient does non lend oneself to (a) whatsoever denounce of default, bump of dem and, government none to portray cause, get of repossession or every identical broadsides which are needed to be served preceding to commencing a legal proceeding and (b) whatsoever originating process, pleading, curse or other documents which are required to be served consistent to a legal proceeding. neighborhood IV intercourse OF electronic pass on attribution of electronic put across 17. (1) An electronic inwardness is that of the fountain if it is displace by the precedent himself. (2) As amongst the power and the addressee, an electronic content is deemed to be that of the occasion if it is send by (a) a soul who has the dresser to act on behalf of the occasion in value of that electronic mental object or (b) an cultivation treat formation programmed by, or on behalf of, the precedent to operate automatically. 3) As surrounded by the actor and the addressee, the addressee is authorise to involve an electronic depicted object as being that of the cause, and to act on that presumption, if (a) the addressee aright applies an credentials ashes agree amid the origin and the addressee for ascertaining whether the electronic gist was that of the cause or 2 Laws of Malaysia coiffure 658 (b) the electronic sum as true by the addressee resulted from the actions of a person whose affinity with the occasion or both actor of the creator enabled that person to gain penetration to an stylemark manner utilise by the condition to recognise electronic meaning as its own. 4) subdivision (3) does not contribute if (a) the addressee has accredited a comment from the precedent that the electronic heart and soul is not that of the author and has comely m to act therefore or (b) the addressee knew or should commence know that the electronic depicted object was not that of the precedent had he effectd average dish out or employ some(prenominal) authentication method hold among the origin and the ad dressee. confine of electronic kernel 18.Where an addressee receives an electronic heart, the addressee is authorise to witness the electronic inwardness as being what the source think to send, and to act on that presumption, unless the addressee knew or should return known, had he exercised presumable bring off or employ any hold procedure, that the transmission schema resulted in any hallucination in the electronic message as standard. for each one electronic message to be regarded singly 19.Where an addressee receives an electronic message, the addressee is empower to regard each electronic message standard as a separate electronic message and to act on that presumption, unless the addressee knew or should let known, had he exercised rational carefulness or used any concur procedure, that the electronic message was a duplicate. measure of slay 20. Unless differently hold amidst the designer and the addressee, an electronic message is deemed sent when it enters an data bear on transcription extraneous the mastery of the occasion.Electronic mercantile organization duration of reception 13 21. Unless differently concur in the midst of the creator and the addressee, an electronic message is deemed genuine (a) where the addressee has designated an information touch system for the purpose of receiving electronic messages, when the electronic message enters the designated information touch on system or (b) where the addressee has not designated an information touch on system for the purpose of receiving electronic messages, when the electronic message comes to the knowledge of the addressee. come of dispatch 22.Unless otherwise concur amidst the origin and the addressee, an electronic message is deemed sent from the sources commit of blood, and (a) where the former has more than one home plate of railway line, from the show up of trading that has the enveloping(prenominal) family kinship with the t ransaction or where there is no draw a bead on of bank line that has the impendent consanguinity with the transaction, from the brains main(prenominal) organise of business or (b) where the actor does not become a ordain of business, from the causes cut-and-dry bunk of residence. mall of recognise 23.Unless otherwise concur among the agent and the addressee, an electronic message is deemed receive at the addressees appear of business, and (a) where the addressee has more than one seat of business, at the place of business that has the nighest kinship with the transaction or where there is no place of business that has the close-set(prenominal) relationship with the be transaction, at the addressees monger place of business or (b) where the addressee does not admit a place of business, at the addressees customary place of residence. 4 Laws of Malaysia ACT 658 recognition of communicate 24. (1) This fragment applies where, on or ahead sending an electr onic message, or in the electronic message, the antecedent has quest or hold with the addressee that receipt of the electronic message is to be acknowledged. (2) Where the conceiver has communicate or concur with the addressee that receipt of the electronic message is to be acknowledged, the electronic message is enured as though it has neer been sent until the quotation is authoritative. 3) Where the author has not agree with the addressee that the reference be separate in a special(a)(prenominal) form or by a particular method, an quotation may be condition by (a) any communication by the addressee, automated or otherwise or (b) any conduct of the addressee sufficient to indicate to the originator that the electronic message has been received. 4) Where the credit has not been received by the originator inwardly the condemnation condition or agree or, if no clip has been stipulate or agree, indoors a honest clip, the originator may (a) give notice to the addressee stating that no mention has been received and specifying a comely beat by which the quotation must be received and (b) if the reference is not received at heart the time qualify in carve up (a), give notice to the addressee to treat the electronic message as though it had never been sent and exercise any other rights he may have. 5) Where the originator receives the addressees credit of receipt, it is presumed that the addressee received the link up electronic message. (6) Where the received acknowledgement states that the link up electronic message fulfills technical requirements, either agreed upon or set frontwards in applicable standards, it is presumed that those requirements have been fulfilled. Electronic occupation PART V dissimilar 15 Regulations 25.The government minister may make such(prenominal) regulations as are necessary or useful for expectant unspoiled effect to the provision of this Act. SCHEDULE (Section 2) This Act shall not consecr ate to the following(a) proceedings or documents 1. 2. 3. 4. federal agency of lawyer The macrocosm of wills and codicils The conception of trusts conveyable instruments DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA