"
Noting that the use of automatic
data processing (ADP) is about to become firmly
established throughout the world in many phases
of domestic and international trade as well as
in administrative services,
"
Noting also that legal rules
based upon pre-ADP paper-based means of documenting
international trade may create an obstacle
to such use of ADP in that they lead to legal
insecurity or impede the efficient use of ADP
where its use is otherwise justified,
"
Noting further with appreciation
the efforts of the Council of Europe, the Customs
Co-operation Council and the United Nations
Economic Commission for Europe to overcome
obstacles to the use of ADP in international
trade arising out of these legal rules,
"
Considering at the same time
that there is no need for a unification of
the rules of evidence regarding the use of
computer records in international trade, in
view of the experience showing that substantial
differences in the rules of evidence as they
apply to the paper-based system of documentation
have caused so far no noticeable harm to the
development of international trade,
"
Considering also that the developments
in the use of ADP are creating a desirability
in a number of legal systems for an adaptation
of existing legal rules to these developments,
having due regard, however, to the need to
encourage the employment of such ADP means
that would provide the same or greater reliability
as paper-based documentation,
"1.
Recommends to Governments:
"(a) to review the legal rules affecting
the use of computer records as evidence in
litigation in order to eliminate unnecessary
obstacles to their admission, to be assured
that the rules are consistent with developments
in technology, and to provide appropriate means
for a court to evaluate the credibility of
the data contained in those records;
"(b) to review legal requirements that
certain trade transactions or trade related
documents be in writing, whether the written
form is a condition to the enforceability or
to the validity of the transaction or document,
with a view to permitting, where appropriate,
the transaction or document to be recorded
and transmitted in computer-readable form;
"(c) to review legal requirements of
a handwritten signature or other paper-based
method of authentication on trade related documents
with a view to permitting, where appropriate,
the use of electronic means of authentication;
"(d) to review legal requirements that
documents for submission to governments be
in writing and manually signed with a view
to permitting, where appropriate, such documents
to be submitted in computer-readable form to
those administrative services which have acquired
the necessary equipment and established the
necessary procedures;
"2.
Recommends to international
organizations elaborating legal texts related
to trade to take account of the present Recommendation
in adopting such texts and, where appropriate,
to consider modifying existing legal texts
in line with the present Recommendation."
¹