37 “digital signature” means an electronic signature created by computer that is intended by the registered user using it and by the Commissioner accepting it to have the same effect as a manual signature, and which complies with the requirements for acceptance as a digital signature specified in section 68F(1); “electronic data” means any information, knowledge, fact, concept or instruction stored internally in the memory of the computer or represented in any form (including computer printouts, magnetic optical storage media, punched cards or punched tapes) that is being or has been prepared in a formalised manner and is intended to be or is being or has been processed in a computer system or network; “electronic record or communication” means electronic data that is recorded, received or sent in an electronic form or in microfilm or computer-generated microfiche; “intermediary”, with respect to any particular electronic communication, means any person who on behalf of another person receives, stores or transmits that communication or provides any service with respect to that communication; “Internet” has the meaning given to that word by the Postal and Telecommunications Act [Chapter 12:05]; “originator”, means a person who sends, generates, stores or transmits any electronic communication to be sent, generated, stored or transmitted to any other person, but does not include an intermediary; “registered user” means a person registered in terms of section 68E; “user agreement” means the agreement between the registered user and the Commissioner referred to in section 68D. 68B Use of electronic data generally as evidence (1) Notwithstanding anything to the contrary contained in any other law, the admissibility in evidence of any electronic data for any purpose under this Act shall not be denied— (a) on the sole ground that it is electronic data; or (b) if it is the best evidence that the person adducing it can reasonably be expected to obtain, on the grounds that it is not in original form. (2) Information in the form of electronic data shall be given due evidential weight. (3) In assessing the evidential weight of electronic data a court shall have regard to such of the following considerations as may be applicable in the circumstances of the case— (a) the reliability of the manner in which the data was generated, stored and communicated; and (b) the reliability of the manner in which the integrity of the data was maintained; and (c) the manner in which its originator was identified.

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