Tax-news.com is grateful to Guido H Janssen of PricewaterhouseCoopers in Curacao for information at guido.h.jansen@an.pwcglobal.com and to McBride Baker & Coles in Chicago for details of the new legislation at www.mcbridebakercoles.com
The government on
the Netherlands Antilles has passed the National Ordinance on
Electronic Agreements. The Ordinance regulates the legal requirements
for matters related to
digital signatures, recognition of electronic records, formation
and validity of contracts, data protection and consumer protection.
According to Mrs Suzy Camelia Romer, Minister of Economic Affairs, with this Ordinance the Netherlands Antilles can compete in a global world with more and more trading and service provision via the internet. This e-commerce legislation, says the minister, can help Curacao to become an important telecom and internet service providing center in the world.
The final Ordinance is not yet available however, with the exception of minor changes, the Ordinance is similar to the Draft. Originals are of course in Dutch.
The Netherlands Antilles National Ordinance on Electronic Agreements ("landsverordening overeenkomsten langs elektronische weg") regulates the legal requirements for matters related to digital signatures, recognition of electronic records, formation and validity of contracts, data protection, and consumer protection.
Key extracts are as follows:
The Act provides that an electronic signature shall have the same legal effect as a hand-written signature, and may be admitted as evidence in legal proceedings. This ordinance also designates the types of agreements that may not be concluded By Electronic Means or by means of one or more named electronic techniques, or have to remain accessible by non-Electronic Means as well; prescribes obligatory statements within the framework of Commercial Communication; lays down further rules with respect to the contents and nature of the Commercial Communication, the nature or magnitude of electronic trade and the target group.
The Act also makes provisions for "uninvited commercial email:" The receiver of uninvited Commercial Communication shall be given a clearly recognizable and simple possibility for each such message to object to new messages. Once such objection has been communicated, sending of uninvited Commercial Communication to this receiver is prohibited.
The provider of Commercial Communication is obligated to state at least the following data completely and clearly in his Commercial Communication:
the name, registered office or domicile, and the address of the provider of Commercial Communication;
the information which makes prompt contact and direct and effective communication with the provider of Commercial Communication possible, including his E-mail address;
where and when the provider of Commercial Communication has been registered in the trade register, including the entry number, or where and when the provider of Commercial Communication has been registered in another way, unless there is no question hereof.
.Tags: Curaçao
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