to indicate that person’s approval of the
information contained in the data message;
and
(b) that method is as reliable as was appro
priate for the purpose for which the data
message was generated or communicated,
in the light of all the circumstances,
including any relevant agreement.
(2) Subsection (1) applies whether the requirement
in that subsection is in the form of an obligation or
whether the law simply provides consequences for
the absence of a signature.
(3)An electronic signature is considered to be
reliable for the purpose of satisfying the
requirement referred to in subsection (1) if
(a) the signature creation data are, within the
context in which they are used, linked to the
signatory and to no other person;
(b) the signature creation data were, at the time
of signing, under the control of the
signatory and of no other person;
(c) any alteration to the electronic signature,
made after the time of signing, is
detectable; and
(d) where a purpose of the legal requirement
for a signature is to provide assurance as to
the integrity of the information to which it
relates, any alteration made to that
information after the time of signing is
detectable.
(4) Subsection (3) does not limit the ability of a
person to
(a) establish in any other way, for the purpose
of satisfying the requirement referred to in
subsection (1), the reliability of an
electronic signature; or
184