UKPGA-2000-7 Electronic Communications Act 2000 UK

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an electronic signature incorporated into or logically associated with a particular electronic communication or particular electronic data, and

the certification by any person of such a signature,

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

purports to be used by the individual creating it to sign.

the signature,

a means of producing, communicating or verifying the signature, or

a procedure applied to the signature,

an electronic seal incorporated into or logically associated with a particular electronic communication or particular electronic data, and

the certification by any person of such a seal,

is incorporated into or otherwise logically associated with electronic communication or electronic data; and

purports to ensure the origin and integrity of the communication or data.

the seal,

a means of producing, communicating or verifying the seal, or

a procedure applied to the seal,

an electronic time stamp incorporated into or logically associated with a particular electronic communication or particular electronic data, and

the certification by any person of such a time stamp,

is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

purports to bind electronic communication or electronic data to a particular time establishing evidence that such data existed at that time.

the time stamp,

a means of producing, communicating or verifying the time stamp, or

a procedure applied to the time stamp,

provides for the transmission of data between third parties by electronic means;

provides evidence relating to the handling of the transmitted data, including proof of sending and receiving the data; and

protects transmitted data against the risk of loss, theft, damage or unauthorised alterations.

any enactment or subordinate legislation, or

any scheme, licence, authorisation or approval issued, granted or given by or under any enactment or subordinate legislation,

the doing of anything which under any such provisions is required to be or may be done or evidenced in writing or otherwise using a document, notice or instrument;

the doing of anything which under any such provisions is required to be or may be done by post or other specified means of delivery;

the doing of anything which under any such provisions is required to be or may be authorised by a person’s signature or seal, or is required to be delivered as a deed or witnessed;

the making of any statement or declaration which under any such provisions is required to be made under oath or to be contained in a statutory declaration;

the keeping, maintenance or preservation, for the purposes or in pursuance of any such provisions, of any account, record, notice, instrument or other document;

the provision, production or publication under any such provisions of any information or other matter;

the making of any payment that is required to be or may be made under any such provisions.

provision as to the electronic form to be taken by any electronic communications or electronic storage the use of which is authorised by an order under this section;

provision imposing conditions subject to which the use of electronic communications or electronic storage is so authorised;

provision, in relation to cases in which any such conditions are not satisfied, for treating anything for the purposes of which the use of such communications or storage is so authorised as not having been done;

provision, in connection with anything so authorised, for a person to be able to refuse to accept receipt of something in electronic form except in such circumstances as may be specified in or determined under the order;

provision, in connection with any use of electronic communications so authorised, for intermediaries to be used, or to be capable of being used, for the transmission of any data or for establishing the authenticity or integrity of any data;

provision, in connection with any use of electronic storage so authorised, for persons satisfying such conditions as may be specified in or determined under the regulations to carry out functions in relation to the storage;

provision, in relation to cases in which the use of electronic communications or electronic storage is so authorised, for the determination of any of the matters mentioned in subsection (5), or as to the manner in which they may be proved in legal proceedings;

provision, in relation to cases in which fees or charges are or may be imposed in connection with anything for the purposes of which the use of electronic communications or electronic storage is so authorised, for different fees or charges to apply where use is made of such communications or storage;

provision, in relation to any criminal or other liabilities that may arise (in respect of the making of false or misleading statements or otherwise) in connection with anything for the purposes of which the use of electronic communications or electronic storage is so authorised, for corresponding liabilities to arise in corresponding circumstances where use is made of such communications or storage;

provision requiring persons to prepare and keep records in connection with any use of electronic communications or electronic storage which is so authorised;

provision requiring the production of the contents of any records kept in accordance with an order under this section;

provision for a requirement imposed by virtue of paragraph (j) or (k) to be enforceable at the suit or instance of such person as may be specified in or determined in accordance with the order;

any such provision, in relation to electronic communications or electronic storage the use of which is authorised otherwise than by an order under this section, as corresponds to any provision falling within any of the preceding paragraphs that may be made where it is such an order that authorises the use of the communications or storage.

whether a thing has been done using an electronic communication or electronic storage;

the time at which, or date on which, a thing done using any such communication or storage was done;

the place where a thing done using such communication or storage was done;

the person by whom such a thing was done; and

the contents, authenticity or integrity of any electronic data.

shall not (subject to paragraph (b)) require the use of electronic communications or electronic storage for any purpose; but

may make provision that a period of notice specified in the order must expire before effect is given to a variation or withdrawal of an election or other decision which—

in relation to any matter with which a department of the Secretary of State is concerned, the Secretary of State;

in relation to any matter with which the Treasury is concerned, the Treasury; and

in relation to any matter with which any Government department other than a department of the Secretary of State or the Treasury is concerned, the Minister in charge of the other department.

that matter falls within more than one paragraph of subsection (1),

there is more than one such department as is mentioned in paragraph (c) of that subsection that is concerned with that matter, or

both paragraphs (a) and (b) of this subsection apply,

provide for any conditions or requirements imposed by such an order to be framed by reference to the directions of such persons as may be specified in or determined in accordance with the order;

provide that any such condition or requirement is to be satisfied only where a person so specified or determined is satisfied as to specified matters.

different provision for different cases;

such exceptions and exclusions as the person making the order may think fit; and

any such incidental, supplemental, consequential and transitional provision as he may think fit;

subsections (1) and (2) of this section are omitted;

any reference to the appropriate Minister is to be read as a reference to the Secretary of State;

any power of the Secretary of State, by virtue of paragraph (b), to make an order under section 8 may also be exercised by the Scottish Ministers with the consent of the Secretary of State; and

where the Scottish Ministers make an order under section 8—

the provisions of any subordinate legislation made by the National Assembly for Wales;

so much of any other subordinate legislation as makes provision the power to make which is exercisable by that Assembly;

any power under any enactment to make provision the power to make which is so exercisable;

the giving, sending or production of any notice, account, record or other document or of any information to or by a body mentioned in subsection (4); or

the publication of anything by a body mentioned in subsection (4).

the National Assembly for Wales;

any body specified in Schedule 4 to the Government of Wales Act 1998 (Welsh public bodies subject to reform by that Assembly);

any other such body as may be specified for the purposes of this section by an order made by the Secretary of State with the consent of that Assembly.

shall include power to make any such incidental, supplemental, consequential and transitional provision as he may think fit; and

shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

in subsection (2), the words after paragraph (c) (duty to consider representations and objections) shall be omitted; and

in subsection (7) (references to modification not to include modifications relating to the telecommunications code), for “sections 13 to 15” there shall be substituted“ sections 12A to 15 ”.

any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and

any increase attributable to this Act in the sums which are payable out of money so provided under any other Act.

by conditions of an approval under Part I, or

by any regulations or order under this Act,

a requirement to deposit a key for electronic data with the intended recipient of electronic communications comprising the data; or

a requirement for arrangements to be made, in cases where a key for data is not deposited with another person, which otherwise secure that the loss of a key, or its becoming unusable, does not have the effect that the information contained in a record kept in pursuance of any provision made by or under any enactment or subordinate legislation becomes inaccessible or incapable of being put into an intelligible form.

allows access to the electronic data, or

facilitates the putting of the electronic data into an intelligible form;

references to the authenticity of any communication or data are references to any one or more of the following—and

references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.