Act 7
Electronic Signatures Act
2011
(a) that digital signature is verified by reference to the public
key listed in a valid certificate issued by a licensed
certification service provider;
(b) that digital signature was affixed by the signer with the
intention of signing the message; and
(c) the recipient has no knowledge or notice that the signer—
(i)
has breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to affix
the digital signature.
(2) Notwithstanding any written law to the contrary—
(a) a document signed with a digital signature in accordance
with this Act shall be as legally binding as a document
signed with a handwritten signature, an affixed thumbprint
or any other mark; and
(b) a digital signature created in accordance with this Act shall
be taken to be a legally binding signature.
(3) Nothing in this Act shall preclude a symbol from being valid
as a signature under any other applicable law.
15. Unreliable digital signatures.
(1) Unless otherwise provided by law or contract, the recipient
of a digital signature assumes the risk that a digital signature is
forged, if reliance on the digital signature is not reasonable under the
circumstances.
(2) Where the recipient decides not to rely on a digital signature
under this section, the recipient shall promptly notify the signer of its
determination not to rely on a digital signature and the grounds for
that determination.
19