Act 7
Electronic Signatures Act
2011
19. Presumptions in adjudicating disputes.
In adjudicating a dispute involving a digital signature, a court shall
presume—
(a) that a certificate digitally signed by a licensed certification
service provider and—
(i)
published in a recognised repository; or
(ii) made available by the issuing licensed certification
service provider or by the subscriber listed in the
certificate, is issued by the licensed certification
service provider which digitally signed it and is
accepted by the subscriber listed in it;
(b) that the information listed in a valid certificate and
confirmed by a licensed certification service provider
issuing the certificate is accurate;
(c) that where the public key verifies a digital signature listed
in a valid certificate issued by a licensed certification
service provider—
(i)
that digital signature is the digital signature of the
subscriber listed in that certificate;
(ii) that digital signature was affixed by that subscriber
with the intention of signing the message; and
(iii) the recipient of that digital signature has no knowledge
or notice that the signer—
(aa) has breached a duty as a subscriber; or
(ab) does not rightfully hold the private key used to
affix the digital signature; and
(d) that a digital signature was created before it was timestamped by a recognised date or time stamp service
utilising a trustworthy system.
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