Electronic Transactions Ordinance (ETO) 2002

Under Section 7, the requirement for signature affixation is satisfied by electronic or advanced electronic signatures. Section 9 provides that in any proceedings involving an advanced electronic signature, it is presumed that the document is authentic and has integrity if affixed with a valid accreditation certificate, or that the advanced electronic signature is that of the person to whom it correlates and was affixed with intention to sign. The definition in Section 2(1)(d) requires such signatures to be either unique to the signer and under their sole control, or provided by an accredited certification service provider.

Under Section 17(2), no person may hold themselves out as an accredited certification service provider without a valid accreditation certificate. Section 25 requires providers to prepare a certification practice statement specifying their issuance practices, submit it for approval, and maintain it publicly. Section 21 empowers the Certification Council to grant, renew, suspend, or revoke accreditation, monitor compliance, and establish the repository. Section 43(2) authorizes regulations for staff qualifications, facility adequacy, subscriber data protection, and cross-certification with foreign providers.

Under Section 31(1), the Ordinance explicitly does not apply to negotiable instruments (Section 13, NI Act 1881), powers of attorney, trusts (excluding constructive, implied, and resulting trusts), wills or testamentary dispositions, or contracts for sale or conveyance of immovable property. However, Section 31(2) allows the Federal Government, after consulting provinces, to extend the Ordinance to these instruments by notification, subject to specified conditions and limitations.

Section 36 makes unauthorized access to information systems an offence punishable by up to seven years imprisonment or fine up to one million rupees, or both. Section 37 penalizes alteration, modification, deletion, or unauthorized transmission of information through information systems, also punishable by up to seven years imprisonment or fine up to one million rupees. Section 38 designates all offences as non-bailable, compoundable, and cognizable, with Section 39 requiring trial by Court of Sessions or higher.

Section 40 limits network service provider liability, stating they cannot be held civilly or criminally liable solely for their telecommunications system being used in a contravention by a person not under their control, absent intent to facilitate. Section 41 protects subscribers and users by prohibiting compulsion to disclose passwords, keys, or secret information enabling use of security procedures or advanced electronic signatures, except where such information was used for committing an offence. Additionally, Section 10 provides a two-year stamp duty exemption for instruments executed electronically.