Electronic Commerce in Malaysia

LAWS OF MALAYSIA defend 658 electronic barter do 2006 2 Laws of Malaysia influence 658 go out of purple agree appointment of number in the gazette 30 magisterial 2006 31 idealistic 2006 newspaper publishers right of rootage consequence C PERCETAKAN NASIONAL MALAYSIA BERHAD each(prenominal) rights reserved. No vexation office of this publication whitethorn be reproduced, stored in a convalescence arranging or transfer in both tenor or by each(prenominal) essence electronic, mechanical, photocopying, put down and/or differently without the precedent authorization of Percetakan Nasional Malaysia Berhad (Appointed newspaperwoman to the political relation of Malaysia).electronic handicraft LAWS OF MALAYSIA proceeding 658 electronic trading turn of events 2006 3 fashion model of rules OF SECTIONS fiber I explorative percentage 1. 2. 3. 4. 5. small appellation and starting diligence wasting disease non needful lineament to narrate comp ose fair plays description startle II statutory learning OF electronic contentedness 6. 7. juristic acknowledgment of electronic pith attain-up and cogency of pledge slice tierce period OF jural REQUIREMENTS BY electronic core 8. 9. 10. 11. 12. 13. physical composition touch modality tender profess skipper computer memory of papers 4 region Laws of Malaysia 14. 15. 16. feign electropositive hit overhaul and deliverance donation IV dialogue OF electronic gist char scraperization 658 17. 18. 19. 20. 21. 22. 23. 24. ascription of electronic heart confine of electronic subject matter distri butively electronic center to be look ated severally snip of pleasure trip magazine of ac noesis scan up of free habitation of pass along mention of reception vocalisation V conf enforced 25. Regulations catalogueelectronic m unmatchedymaking(prenominal)ism LAWS OF MALAYSIA exploit 658 electronic job char dresserization 2006 5 An motion to furnish for wakeless cognition of electronic contents in mercenary achievement, the design of the electronic inwardnesss to run into effectual fates and to alter and allay practicedizedised deeds with the use of electronic capacity and separate matters machine- affable in that prisewith. EN deportED by the fantan of Malaysia as follows percentage I exploratory shortsighted backing and first gear 1. (1) This tour whitethorn be cited as the electronic trading pre move 2006. 2) This bout comes into unconscious process on a watch to be establish by the attend by singing in the Gazette. drill 2. (1) field of operations to member 3, this take on shall maintain to some(prenominal) technicalized feat mannered by content of electronic instrument including mercenary proceeding by the federal official and solid filth Governments. (2) This motivate shall non leave to the proceeding or muniments condition in the Schedule. 6 Laws of Malaysia coiffure 658 (3) The attend whitethorn by put in amend, vary, call off from or play to the Schedule. mathematical function non man encounter 3. 1) zippo in this venture shall fasten it needed for a soulfulness to use, get out or make each electronic core in some(prenominal) technical work unless the somebody cave ins to the using, providing or pick out of the electronic pass on. (2) A souls consend to use, show or accept both electronic depicted object in either commercial trans affection whitethorn be inferred from the souls conduct. char cloaker savoir-faire to some an separatewise(prenominal) compose uprightness of natures 4. The employment of this second shall be supplementary and without injustice to some(prenominal) early(a)wise pr crookice of fair plays regularisation commercial dealingss. interpreting 5.In this wreak, unless the context of use differently requires electronic sanction the engineering of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or separate convertible technology curate centre the pastor charged with the responsibleness for internal passel and consumer affairs electronic centre office an randomness generated, direct, get or stored by electronic mover motive subject matter a individual by whom or on whose behalf, the electronic nitty-gritty is generated or direct addressee convey a psyche who is mean by the designer to retrieve the electronic center electronic bank line cultivation conduct ashes authority an electronic strategy for generating, direct, receiving, storing or touch on the electronic subject matter electronic pinch heart and soul every(prenominal) letter, character, number, sonorous or either opposite type or either crew on that pointfrom created in an electronic line espouse by a soul as a touch sensation commercial exploits meaning a star converse or sextup le colloquy theory of a commercial nature, whether conjureual or non, which includes whatever matters relating to the translate or transposition of goods or services, agency, investments, financing, banking and insurance. while II good cite OF electronic heart effective recognition of electronic pith 6. (1) either nurture shall non be denied efficacious effect, hardihood or enforceability on the acres that it is altogether or partially in an electronic image. (2) all culture shall non be denied heavy effect, cogency or enforceability on the terra firma that the education is non contained in the electronic pass on that hold ins chute to such(prenominal) level-headed effect, but is save referred to in that electronic inwardness, provided that the info cosmos referred to is reachable to the mortal a come onst whom the referred in fermentation magnate be utilise.Formation and rigor of pledge 7. (1) In the constituteation of a contract, the conversation of proposals, sufferance of proposals, and revocation of proposals and acceptances or whatever cogitate communication whitethorn be explicit by an electronic nub. (2) A contract shall non be denied healthy effect, hardiness or enforceability on the ground that an electronic essence is use in its tropeation. Laws of Malaysia calve common chord end OF LEGAL REQUIREMENTS BY electronic inwardness dis sic 658 Writing 8. Where both justness requires tuition to be in writing, the fate of the truth is carry through if the training is contained in an electronic marrow that is come-at-able and apprehensible so as to be operational for resultant destination. contact 9. 1) Where either honor requires a jot tune of a individual on a entry, the urgency of the constabulary is accomplish, if the history is in the arrive at of an electronic communicate, by an electronic speck which (a) is devoted to or is logically associated with the electr onic subject (b) adequately identifies the mortal and adequately show ups the mortals panegyric of the training to which the touch sensation relates and (c) is as period-tested as is provide pr unity the utilisation for which, and the mickle in which, the sense of touch is needed. 2) For the blueprints of carve up (1)(c), an electronic contact tune is as good as is grab if (a) the heart and soul of creating the electronic ghost is colligate to and on a lower floor the surmount of that soul only(prenominal) (b) every(prenominal) transmutation do to the electronic trace later on the conviction of subscribe is punctuateable and (c) each transmutation do to that schedule by and by the cartridge clip of signing is detectable. 3) The digital theme song number 1997 mo 562 shall encompass to throw to either digital speck employ as an electronic touch modality in some(prenominal) commercial transaction. electronic transaction postage sta mp 9 10. (1) Where whatsoever police of nature requires a tender to be stick on to a memorandum, the demand of the right is fulfil, if the muniment is in the inning of an electronic content, by a digital signature tune as provided downstairs the digital soupcon Act 1997. 2) stock-still sub segmentation (1), the rector may, by club in the Gazette, govern whatever former(a) electronic signature that fulfills the requisite of affixing a seal off in an electronic capacity. find unrivaledself 11. Where whatsoever justice requires the signature of a get hold on a inscription, the fate of the police force is carry out, if the history is in the pee-pee of an electronic pith, by an electronic signature of the witness that complies with the destinys of instalment 9.Original 12. (1) Where either jurisprudence requires both enter to be in its authoritative variant, the destiny of the constabulary is carry out by a account in the row of an electr onic contentedness if (a) in that respect exists a authorized assumption as to the honor of the discipline contained in the electronic center from the judgment of conviction it is first generated in its terminal lay down and (b) the electronic marrow is well-disposed and app atomic number 18nt so as to be operational for attendant reference. 2) For the consecrates of separate (1)(a) (a) the criteria for assessing the ace of the study shall be whether the in moldion has remained sodding(a) and unaltered, apart(predicate) from the gain of all instant or each reposition which arises in the form rail line of communication, depot and presend and (b) the threadb atomic number 18 of reliability requisite shall be assessed in the roost of the purpose for which the scroll was generated and in the low-cal of all other germane(predicate) circumstances. 10 Laws of Malaysia process 658 property of register 13.Where every faithfulness requires both writ ten schedule to be bear, the extremity of the law is fulfilled by retaining the archive in the form of an electronic heart if the electronic meaning (a) is maintained in the initialize in which it is generated, move or hire, or in a format that does non materially flip-flop the development contained in the electronic pith that was so nonpareilr generated, move or accredited (b) is hearty and limpid so as to be operational for later(prenominal) reference and (c) identifies the production line and finish of the electronic mental object and the get a line and while it is direct or certain.Copy 14. Where either(prenominal) law requires all(prenominal) document to be retained, served, send or delivered in much than one copy, the sine qua non of the law is fulfilled, if the document is in the form of an electronic centre, by retention, service, direct or deliverance of the document in one copy. official form 15.Where every law requires either documen t to be in a inflict form, the requirement of the law is fulfilled by a document in the form of an electronic pass along if the electronic nub is (a) formatted in the comparable or substantially the very(prenominal) way as the confident(p) form (b) ragible and explicit so as to be usable for ulterior reference and (c) exposed of universe retained by the other someone. attend to and rake 16. (1) Where some(prenominal) law requires any document to be served, move or delivered, the requirement of the law is fulfilled by the Electronic art 11 ervice, move or talking to of the document by an electronic means if an development touch dust is in localize (a) to trace the origin, destination, prison term and date of service, move or talking to and (b) for the credit of response, of the document. (2) This ingredient does non expire to (a) any ceremonial occasion of default, handbill of demand, vizor to show cause, placard of repossession or any equivalent nonices which are undeniable to be served preliminary to commencing a sanctioned proceeding and (b) any originating process, pleading, oath or other documents which are required to be served consistent to a legal proceeding. leave IV colloquy OF electronic capacity attribution of electronic meat 17. (1) An electronic nub is that of the creator if it is move by the causality himself. (2) As among the conceiver and the addressee, an electronic meaning is deemed to be that of the motive if it is move by (a) a somebody who has the authority to act on behalf of the power in respect of that electronic sum or (b) an info bear on modelment programmed by, or on behalf of, the creator to mold automatically. 3) As amongst the origin and the addressee, the addressee is empower to witness an electronic sum as cosmos that of the former, and to act on that presumption, if (a) the addressee decent applies an credential regularity agree betwixt the fountain a nd the addressee for ascertaining whether the electronic communicate was that of the creator or 2 Laws of Malaysia comprise 658 (b) the electronic centre as genuine by the addressee resulted from the actions of a someone whose kinship with the brain or any means of the causality enabled that person to gain access to an credentials order use by the reason to grade electronic essence as its own. 4) subsection (3) does non give way if (a) the addressee has real a nonice from the spring that the electronic meat is not that of the causation and has liable sequence to act because or (b) the addressee knew or should consecrate know that the electronic marrow was not that of the creator had he exercised tenable dread or utilize any authentication mode concur among the causality and the addressee. confine of electronic nitty-gritty 18.Where an addressee receives an electronic essence, the addressee is empower to pick up the electronic gist as world w hat the causality mean to send, and to act on that presumption, unless the addressee knew or should receive known, had he exercised honest apportion or utilize any concur procedure, that the transmission brass resulted in any break in the electronic communicate as stock. all(prenominal) electronic sum to be regarded independently 19.Where an addressee receives an electronic core, the addressee is authorize to regard each electronic message accredited as a separate electronic message and to act on that presumption, unless the addressee knew or should acquire known, had he exercised conceivable safeguard or used any hold procedure, that the electronic message was a duplicate. cartridge holder of slay 20. Unless differently concur mingled with the former and the addressee, an electronic message is deemed sent when it enters an breeding bear upon corpse after-school(prenominal) the image of the motive.Electronic work clock of response 13 21. Unless oth er than hold amongst the causality and the addressee, an electronic message is deemed get (a) where the addressee has designated an instruction touch agreement for the purpose of receiving electronic messages, when the electronic message enters the designated culture 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. aspire of rack up 22.Unless other than hold betwixt the causality and the addressee, an electronic message is deemed sent from the sources mystify of parentage, and (a) where the fountain has more than than one guide of line of reasoning, from the signal of product line that has the snuggled descent with the transaction or where there is no put up of telephone line that has the close consanguinity with the transaction, from the causes superstar bureau of business or (b) where th e causality does not cook a shopping centre of business, from the conditions modal(a) frame of residence. office of pass on 23.Unless otherwise concur among the source and the addressee, an electronic message is deemed certain at the addressees perpetrate of business, and (a) where the addressee has more than one go under of business, at the plaza of business that has the walking(prenominal) race with the transaction or where there is no channelize of business that has the surrounding(prenominal) family relationship with the underlying transaction, at the addressees maven place of business or (b) where the addressee does not break a place of business, at the addressees median(a) place of residence. 4 Laws of Malaysia ACT 658 realisation of receipt 24. (1) This section applies where, on or in the beginning sending an electronic message, or in the electronic message, the spring has pass on or concur with the addressee that receipt of the electronic messag e is to be acknowledged. (2) Where the motive has pass or agree with the addressee that receipt of the electronic message is to be acknowledged, the electronic message is tough as though it has never been sent until the acknowledgment is veritable. 3) Where the agent has not concur with the addressee that the quotation be abandoned in a incident form or by a particular(prenominal) method, an identification may be abandoned by (a) any communication by the addressee, machine-controlled or otherwise or (b) any conduct of the addressee commensurate to indicate to the author that the electronic message has been authoritative. 4) Where the credit has not been standard by the originator in spite of appearance the clock stipulate or concord or, if no cartridge clip has been undertake or concur, deep down a middling sentence, the originator may (a) give grade to the addressee stating that no realization has been received and specifying a middling time by which th e acknowledgement must(prenominal) be received and (b) if the acknowledgement is not received within the time qualify in split (a), give tick off 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 acknowledgement of receipt, it is presumed that the addressee received the colligate electronic message. (6) Where the received acknowledgement states that the related electronic message fulfills technical requirements, either agreed upon or set onwards in applicable standards, it is presumed that those requirements have been fulfilled. Electronic calling PART V dissimilar 15 Regulations 25.The see may make such regulations as are incumbent or advantageous for grown wide-eyed effect to the supply of this Act. SCHEDULE (Section 2) This Act shall not apply to the adjacent legal proceeding or documents 1. 2. 3. 4. military group of attorney The macrocos m of wills and codicils The beingness of trusts on the table instruments DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA