Act 7
Electronic Signatures Act
2011
(4) A person who contravenes subsection (1) commits an offence
and is liable, on conviction, to a fine not exceeding seventy two currency
points or to imprisonment not exceeding ten years or both and in the case
of a continuing offence shall in addition be liable to a daily fine not
exceeding five currency points for each day the offence continues.
(5) Without prejudice to the Controller’s powers under section
26, the revocation of a licence under section 27 or its surrender under
section 29 or its expiry shall not affect the validity or effect of any
certificate issued by the certification service provider concerned
before such revocation, surrender or expiry.
(6) For the purposes of subsection (5), the Controller shall
appoint another licensed certification service provider to take over the
certificates issued by the certification service provider whose licence
has been revoked or surrendered or has expired and the certificate
shall, to the extent that they comply with the requirements of the
appointed licensed certification service provider, be deemed to have
been issued by that licensed certification service provider.
(7) Subsection (6) shall not preclude the appointed licensed
certification service provider from requiring the subscriber to comply
with its requirements in relation to the issue of certificates or from issuing
a new certificate to the subscriber for the unexpired period of the original
certificate except that any additional fees or charges to be imposed shall
only be imposed with the prior written approval of the Controller.
31. Effect of lack of licence.
(1) The liability limits specified in Part IV shall not apply to
unlicensed certification service providers.
(2) Part V shall not apply in relation to an electronic signature,
which cannot be verified by a certificate issued by a licensed
certification service provider.
(3) In any other case, unless the parties expressly provide
otherwise by contract between themselves, the licensing requirements
under this Act shall not affect the effectiveness, enforceability or
validity of any digital signature.
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