Reliable system (reliable method)

The UNCITRAL Model Law on Electronic Transferable Records (MLETR) requires a "reliable method" for key functions, including identifying the record, control, signature, amendment and change of medium. Article 12 says the method must be as reliable as appropriate for its function in light of all relevant circumstances, such as operational rules, data integrity, protection against unauthorised access, hardware and software security, independent audit, declarations by supervisory or accreditation bodies or voluntary schemes, and industry standards; or it must be proven in fact to have fulfilled the function. The Explanatory Note says the reference to a method covers any system implementing it, that the list is illustrative, and that the standard applies to all system providers (paragraphs 122 and 123). The UK Electronic Trade Documents Act 2023 uses the term "reliable system": one must be used to secure identification, integrity, exclusive control, demonstrable control and effective transfer (section 2(2)), with a similar non-exhaustive list of factors (section 2(5)). Its Explanatory Notes say the list is loosely based on MLETR article 12 and that the Act endorses no particular technology (paragraph 33). Singapore's Electronic Transactions Act 2010 adopts the MLETR standard and adds a rebuttable presumption of reliability for systems accredited under regulations (section 16O).