Article 64

What it means when you sign

This article fills a gap in the rules on electronic evidence. Where the part of the law on electronic evidence has no specific provision on a point, the provisions in the earlier part of the law apply to electronic evidence, as far as they do not contradict its electronic nature.

In plain terms, the general rules of evidence in that earlier part carry over to electronic records unless a rule cannot work with the electronic form. The article does not list which rules carry over or which do not. It sets the general approach and leaves the specific cases to be worked out.

When you are about to sign a contract that relies on electronic records, this article means electronic documents, messages and signatures are not outside the ordinary law of evidence. They are treated under the general rules unless the electronic part of the law says otherwise or the rule does not fit electronic material. A clause that deals with proving what was agreed, or with how electronic records are kept, sits alongside this article, since the general rules continue to apply to the electronic record.