Act 7
Electronic Signatures Act
2011
10. Advanced signatures.
(1) An advanced electronic signature, verified with a qualified
certificate, is equal to an autographic signature in relation to data in
electronic form and has therefore equal legal effectiveness and
admissibility as evidence.
(2) The advanced signature verification process shall ensure
that—
(a) the data used for verifying the electronic signature
correspond to the data displayed to the verifier;
(b) the signature is reliably verified and the result of the
verification and identity of the certificate holder is correctly
displayed to the verifier;
(c) the verifier can reliably establish the contents of the signed
data;
(d) the authenticity and validity of the certificate required at the
time of signature verification are verified;
(e) the use of a pseudonym is clearly indicated;
(f)
any security-relevant changes can be detected.
11. Secure electronic signature.
Where, through the application of a prescribed security procedure or
a commercially reasonable security procedure agreed to by the parties
involved, an electronic signature is executed in a trustworthy manner,
reasonably and in good faith relied upon by the relying party, that
signature shall be treated as a secure electronic signature at the time
of verification to the extent that it can be verified that the electronic
signature satisfied, at the time it was made, the following criteria—
(a) the signature creation data used for signature creation is
unique and its secrecy is reasonably assured;
(b) it was capable of being used to objectively identify that
person;
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