In July 1998, the Electronic Transactions Act (ETA) (Cap 88) was enacted to provide a legal foundation for electronic signatures, and to give predictability and certainty to contracts formed electronically.

Singapore is one of the first countries in the world to enact a law that addresses issues that arise in the context of electronic contracts and digital signatures. The Electronic Transactions Bill was introduced in Parliament on 1 June 1998, and passed on 29 June 1998. The Act came into force on 10 July 1998.

The Singapore ETA follows closely the UNCITRAL Model Law on Electronic Commerce, which sets the framework for electronic laws in many countries.

The ETA addresses the following issues:

1. Commercial code for e-commerce transactions: The ETA was enacted to create a predictable legal environment for e-commerce. It clearly defines the rights and obligations of the transacting parties. It also addresses the legal aspects of electronic contracts, use of digital signatures and concerns for authentication and non-repudiation.
   
   
2. Use of electronic applications for public sector: In order to facilitate the use of electronic transactions in the public sector, the ETA contains an omnibus provision through which government departments and statutory boards can accept electronic filings without having to amend their respective Acts. It also allows public bodies to issue permits and licences electronically.
   
   
3. Liability of network service providers: Singapore recognises the importance of network service providers in providing information infrastructure and content. The government also realises that it is impractical for network service providers to check all the content for which they merely provide access. To create a transparent legal environment conducive to the growth of network service providers, the ETA specifies that network service providers will not be subject to criminal or civil liability for such third-party material, in relation to which they are merely the host. The clause, however, will not affect the obligations of a network service provider under any licensing or other regulatory regime established under the law.
   
   
4. Provision for a Public Key Infrastructure (PKI): Singapore has been developing a Public Key Infrastructure as a foundation for a trusted and secure environment in electronic commerce. In line with the PKI development, the ETA provides for the appointment of a Controller of Certification Authorities (CCA) to enable regulations to be made for the licensing of certification authorities (CAs), including recognition of foreign CAs.

The Evidence Act (Cap 97) was also amended in 1997 to allow the use of electronic records as evidence in the courts.

The full text of the ETA can be found at the Singapore Statutes Online Website.



Legislation is reproduced on this website with the permission of the Government of Singapore. Acts of Parliament are available without charge, and updated monthly, at the Singapore Government Statutes Online website.