Electronic Transactions Act, 2008
Certifying Agency
30. (1) The National Information Technology Agency established
under National Information Technology Agency Act 2008 (Ac 771) shall
facilitate the establishment of the Certifying Agency under this Act.
(2) The Certifying Agency shall maintain a website and provide
information at the website in accordance with this Act.
Functions of the Certifying Agency
31. The functions of the Agency are to:
(a) issue licences for encryption and authentication service;
(b) monitor the conduct, system and operation of encryption
and authentication service providers to ensure compliance
with conditions of the licence, and the provisions of this Act;
(c) suspend a licence of a licence holder;
(d) revoke a licence of a licence holder; and
(e) appoint an independent auditing firm to conduct periodic
audits of a licence holder to ensure compliance with conditions of the licence and this Act.
Revocation or suspension of licence
32. (1) The Agency may suspend or revoke a licence if it is satisfied
that the authentication service provider has failed or ceased to meet any
of the requirements, conditions or restrictions subject to which the licence
was granted or recognition was given.
(2) The Agency shall not suspend or revoke a licence unless it has
(a) notified the licence holder in writing of its intention to do so,
(b) given a description of the alleged breach, and
(c) afforded the licensed holder the opportunity to
(i) respond to the allegations in writing, and
(ii) remedy the alleged breach.
(3) The Agency may suspend a licence with immediate effect for
a period not exceeding ninety days pending implementation of the procedures
required to remedy the breach where there is the likelihood of irreparable
harm to consumers or third parties involved in an electronic transaction.
(4) A licence holder may surrender the licence to the Agency subject
to the provisions of the licence and third party rights.
(5) The Agency shall publish the suspension or revocation of a
licence in the Gazette.
Surrender of licence
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