ABSTRACT

Introduction It is trite to extol the virtues of the IT (information technology) revolution, its ability to shrink space and time, to bring people together without traversing long distances, to create new marketplaces and to contribute to global economic growth. The positive effects of electronic commerce (e-commerce) for the economy have been rehearsed and voiced in the policy documents of states 1 and regional groupings, 2 eagerly welcomed by the commercial community and enthusiastically celebrated by the media. Peculiarities of the digital medium (e.g., its intangibility) pose problems. Authenticity, integrity and authentication of electronic messages are open to doubt. Numerous questions arise in relation to electronic messages. Among them: can the electronic message be trusted? Does it originate from the person claiming to send it? Can the message be relied on? How secure is the message, given that electronic documents can be easily manipulated? Is the received message the same as the message sent? What legal status does an electronically signed message have? Can a sender be held to his electronically communicated message should a dispute arise? Is it enforceable? Do electronic messages and electronic signatures meet the legal requirements of writing and signature?