Act 7
Electronic Signatures Act
2011
(c) it was created in a manner or using a means under the sole
control of the person using it, that cannot be readily
duplicated or compromised;
(d) it is linked to the electronic record to which it relates in
such a manner that if the record was changed to electronic
signature would be invalidated;
(e) the signatory can reliably protect his or her signature
creation data from unauthorised access.
12. Presumptions relating to secure and advanced electronic
signatures.
(1) In any civil proceedings involving a secure electronic record,
it shall be presumed, unless the contrary is proved, that the secure or
advanced electronic record has not been altered since the specific
point in time to which the secure status relates.
(2) In any civil proceedings involving a secure or advanced
electronic signature, the following shall be presumed unless the
contrary is proved—
(a) the secure or advanced electronic signature is the signature
of the person to whom it correlates; and
(b) the secure or advanced electronic signature was affixed by
that person with the intention of signing or approving the
electronic record.
(3) In the absence of a secure or advanced electronic signature,
nothing in this Part shall create any presumption relating to the
authenticity and integrity of the electronic record or an electronic
signature.
(4) The effect of presumptions provided in this section is to place
on the party challenging the genuineness of a secure or advanced
electronic signature both the burden of going forward with evidence
to rebut the presumption and the burden of persuading the court of the
fact that the non-existence of the presumed fact is more.
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