12
Electronic
signature
Electronic Transactions
No. 33
8.__(1) Where a law requires a document to be signed, an
electronic form of the document shall satisfy the requirement if an
electronic signature is used.
(2) An electronic signature shall be authentic if__
(a) the means of creating the electronic signature is, within the
context in which it is used, linked to the signatory and not any
other person;
(b) the means of creating the electronic signature, was at the
time of signing, under the control of the signatory and not any
other person and was done without duress and undue influence;
and
(c) any alteration made to the electronic signature after signing
is detectable.
(3) Subsection(2) does not limit the right of a person__
Equal
treatment of
electronic
signature
(a) to prove the authenticity of an electronic signature in any
other lawful way; or
(b) to adduce evidence in respect of non-authenticity of an
electronic signature.
9. Except as otherwise provided for in this Act, the provisions
of this Act shall not exclude, restrict or affect the legality of any
method of creating an electronic signature which__
(a) satisfies the requirements of this Act;
(b) meets the requirements of other statutory provision; or
Conduct of
a person
relying on
a digital
signature
Bearing legal
consequences
of relying on
electronic
signature
(c) is provided for under a contract.
10. A person may sign an electronic record by affixing a
personal digital signature or using any other recognized, secure and
verifiable mode of signing agreed by parties or recognized by a
particular industry to be safe, reliable and acceptable.
11. A person who relies on a digital signature shall bear the legal
consequences of failure to__
(a) take reasonable steps to verify the authenticity of the
digital signature; or
(c) take reasonable steps where a digital signature is supported
by a certificate, to__
(i) verify the validity of the certificate; or
(ii) observe any limitation with respect to the certificate.