UNCITRAL Model Law on Electronic Commerce (1996) with additional article 5 bis as adopted in 1998

 

The UNCITRAL Model Law on Electronic Commerce (1996) is a legal framework that provides guidelines for the use of electronic commerce in international trade. It was developed by the United Nations Commission on International Trade Law (UNCITRAL) in response to the growing use of electronic communication in commercial transactions.

The Model Law is designed to promote the use of electronic communication by establishing rules for the validity and enforceability of electronic contracts, electronic signatures, and electronic records. It also sets out provisions for the use of electronic communication in various aspects of commercial activity, including the formation and performance of contracts, the use of intermediaries, and the provision of information to consumers.

In 1998, an additional article, known as Article 5 bis, was added to the Model Law. This article addresses the issue of cross-border recognition of electronic signatures, which is essential for the effective use of electronic communication in international trade.

Article 5 bis provides that an electronic signature should not be denied legal effect solely because it is in electronic form or because it does not meet the requirements for a traditional signature. It also establishes a framework for the mutual recognition of electronic signatures by different countries, which is necessary to ensure that electronic signatures are valid and enforceable across borders.

Overall, the UNCITRAL Model Law on Electronic Commerce (1996) with additional article 5 bis as adopted in 1998 provides a comprehensive framework for the use of electronic communication in international trade, promoting legal certainty and facilitating cross-border transactions.

Here are some examples of laws and regulations that have been influenced by the UNCITRAL Model Law:

1. United States Electronic Signatures in Global and National Commerce Act (ESIGN) (2000)
2. United States Uniform Electronic Transactions Act (UETA) (1999)
3. United Kingdom Electronic Communications Act (2000)
4. Australia Electronic Transactions Act (1999)
5. New Zealand Electronic Transactions Act (2002)
6. European Union Electronic Signature Directive (1999)
7. Canada Personal Information Protection and Electronic Documents Act (2000)
8. Singapore Electronic Transactions Act (1998)
9. Hong Kong Electronic Transactions Ordinance (2000)
10. Malaysia Digital Signature Act (1997)
11. India Information Technology Act (2000)
12. Philippines Electronic Commerce Act (2000)
13. Argentina Digital Signature Law (2001)
14. United Arab Emirates Electronic Transactions and Commerce Law (2006)
15. Chile Electronic Signature Law (2002)
16. Peru Law on Digital Signatures and Certification Services (2001)
17. Colombia Electronic Commerce Law (2009)
18. Brazil Provisional Measure on Electronic Transactions (2001)
19. Mexico Federal Electronic Commerce Law (2000)
20. South Africa Electronic Communications and Transactions Act (2002)