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Brunei: E-Commerce

Legislation

A commercial code for electronic transactions was enacted in the Electronic Transactions Order 2000. This commercial code draws from the UNCITRAL Model Law on Electronic Commerce and the Singapore Electronic Transactions Act, itself based on the US Uniform Electronic Transactions Act.

The Act deals with legal aspects of how a contract can be formed electronically and the use of digital signatures, the status of secure electronic records, authentication and non-repudiation of public key infrastructures by Certification Authorities and cross certification of foreign CAs.

The legislation also contains an omnibus provision through which Government departments and statutory boards can accept electronic filings without the need to amend their respective Acts, Emergency orders or regulations. The provision will also allow these bodies to issue permits and licences electronically.

The Electronic Transactions Order 2000 was approved by His Majesty Sultan of Brunei on 20 November, 2000 and published by the Government on 16 December, 2000.

The Broadcasting (Class License) Notification, 2002 and The Internet Code of Practice Notification, 2001 are now also operative to deal with Internet Content Providers.

 

 

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