Hong KongElectronic Transactions Ordinance, presentation and retention of electronic records
Electronic Transactions Ordinance (Cap. 553), ss. 7, 8 and 15(4)
In force since .
A signatures and records rule binding public and private bodies.
- Obligation class
- Retention, Governance
As of .
What it requires
- To keep an electronic record in place of an original, have a reliable assurance that the information stayed complete and unaltered, apart from endorsements and changes arising in normal communication, storage or display, from when it was first generated in its final form (section 7(1)-(2)).
- To satisfy a legal duty to retain information, keep the electronic record accessible for subsequent reference, in its original format or one that represents it accurately, together with the information identifying its origin, destination and the date and time it was sent or received (section 8(1)).
- Between non-government parties, obtain the consent of the person to whom information is to be presented before presenting it as an electronic record in its original form (section 15(4)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 7 treats presenting or retaining information as electronic records as satisfying a requirement to present or retain it in its original form if there is a reliable assurance of its integrity from when it was first generated in its final form and, for presentation, it can be displayed in a legible form.
Section 8 treats retaining electronic records as satisfying a requirement to retain information if the information remains accessible for subsequent reference, the record is kept in the format in which it was generated, sent or received or one that represents it accurately, and the information identifying origin, destination and the date and time sent or received is retained.
Section 15(4) makes section 7(1) apply between non-government parties only if the person to whom the information is to be presented consents. Sections 7 and 8 do not apply to the matters in Schedule 1 unless the rule of law expressly provides otherwise (section 3), in proceedings listed in Schedule 2 unless a rule of law for those proceedings provides for it (section 13), or to a requirement excluded by order under section 11.
When LexLint raises it
When your app profile says your app collects electronic signatures.