Electronic
2 4 0 [ N o . 21 o f 2 0 0 9
Use of
advanced
electronic
signature
and
Communications
Transactions
6. (1) Where the signature of a person is required by law and
such law does not specify the type of signature, that requirement in
relation to a data message shall be met only if an advanced electronic
signature is used.
(2) Subject to subsection (1), an electronic signature shall not
be without legal force and effect merely on the grounds that it is in
electronic form.
(3) Where an electronic signature is required by the parties to
an electronic transaction and the parties have not agreed on the
type of electronic signature to be used, that requirement shall be
met in relation to a data message if—
(a) a method is used to identify the person and to indicate the
person's approval of the information communicated; and
(b) having regard to all the relevant circumstances at the
time the method w a s used, the method w a s as reliable
as w a s a p p r o p r i a t e for t h e p u r p o s e s for w h i c h t h e
information was communicated.
(4) Where an advanced electronic signature has been used,
such signature shall be treated as a valid electronic signature and
to have been applied properly, unless the contrary is proved.
(5) Where an electronic signature is not required by the parties
to an electronic transaction, an e x p r e s s i o n o f intent or other
statement shall not be without legal force and effect merely on the
grounds that—
(a) it is in the form of a data message; or
(b) it is not evidenced by an electronic signature but is
evidenced by other means from which such person's
intent or other statement can be inferred.
Determination
of originality
of data
message
7. (1) W h e r e a law requires information to be presented or
retained in its original form, that requirement shall be met by a data
message if—
(a) the integrity of the information from the time when it w a s
first generated in its final form as a data message, or
otherwise, has passed the assessment specified under
subsection (2); and
(b) that information is capable of being displayed or produced
to the person to w h o m it is to be presented.
(2) For the purposes of paragraph (a) o f subsection (1), the
integrity of any information shall be a s s e s s e d —