Malaysia: Who Bears Final Responsibility and Liability

Electronic contracts are recognized by Malaysian Law, for example in section 2.7.1 of the Electronic Commerce Act of 2006, which states that “In the formation of a contract, the communication of proposals, acceptance of proposals, and revocation of proposals and acceptances or any related communication may be expressed by an electronic message.” Section 2.7.2 states that electronic contracts can’t be dismissed simply for being electronic. These definitions seem to encompass smart contracts although there does not seem to be any regulation on the status of Smart Contracts in Malaysia as of May 21, 2018.


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