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E-Commerce

Electronic Transactions Act - ETA
The work group responsible for the drafting of the Mauritian legislation examined the UNCITRAL Model Law and considered e-commerce legislation introduced in countries such as Singapore, UK and Australia.

The following guiding principles were adopted:

     
1 : The need to conform to international standards and international models in order to be integrated with the global e-commerce framework;
2 : The need to avoid over regulation;
3 : The need to be flexible and technologically neutral to adapt quickly to a fluid global environment; and The need for transparency and predictability.
 
The objects of the Act are to provide:
     
1 : An appropriate legal framework to serve as the foundation to facilitate electronic transactions and communications and give a new orientation to the traditional way of doing business by fostering the conduct of transactions by electronic means;
2 : The legal recognition and regulation of electronic records and electronic signatures for authentication purposes during the conduct of electronic transactions and the security of such records and signatures;
3 : The regulation of the formation of contracts by electronic means;
4 : Free E-mail.
5 : The appointment of a Controller of Certification Authorities who shall be responsible for the licensing and monitoring of the activities of the certification authorities;
6 : The electronic filing of documents in the public sector in order to enable the business sector and the public in general to resort to electronic media in their dealings with Government;
7 : Uniform rules and regulations aimed at establishing standards to combat fraud, forgery or any unlawful practice in order to build and ensure confidence in electronic records and dealings to promote electronic communications and transactions.
 
The Government says that Certification Authorities will play a vital role in facilitating secure electronic transactions as they provide the infrastructure for transacting parties in an electronic environment to authenticate each other's identities and ensure non-repudiation of electronic transactions through the use of digital signatures.

The ETA provides the legal framework for the establishment of a public key infrastructure (PKI) - also called trusted CA services - to faciliate the use of digital signatures in Mauritius. The ETA also makes provision for the setting up of a Controller of CAs to ensure that the integrity and standards expected from CAs are respected.
In the long term, it is expected that these will provide the foundation to establish Mauritius as a trusted hub for e-commerce, providing a wide range of security products and services.

The Electronic Transactions Act makes provision for a voluntary licensing scheme for Certification Authorities (CAs) by the Controller of Certification Authorities (CCA).
The ETA provides for the appointment of a Controller of CAs. The Controller will, amongst other duties, license, certify, monitor and oversee the activities of CAs. Only licensed and approved CAs will enjoy the benefits of the legislation for signatures generated from the certificates issued. The exception to this is where parties agree to be bound by signatures created by a commercially reasonable procedure. Once set up, the Controller of CAs will lay down the administrative framework for licensing of CAs, the criteria for a CA to be licensed, and the continuing operational requirements after obtaining a license.

In 2000, the South African Certification Agency (SACA) signed its first business partnership agreement in Mauritius in line with its strategic expansion into Africa, and in particular into the SADC region.
The partnership agreement is with Happy World Bureautique (HWB), ranked among the leading IT companies in Mauritius and a member of the Happy World Group, one of the largest conglomerates in the country. In terms of the agreement, HWB will act as SACA's official reseller in Mauritius with access to its full range of VeriSign digital security products and services.
SACA is expecting that this agreement will help them further their strategic goal of becoming the leading provider of digital certification security solutions across Africa.