(b) adduce evidence of the non-reliability of an
electronic signature.
Recognition of
foreign
certificates and
electronic
signatures
190. (1) In determining whether, or to what extent,
a certificate or an electronic signature is legally
effective, no regard shall be had to
(a) the geographic location where the
certificate is issued or the electronic
signature created or used; or
(b) the geographic location of the place of
business of the issuer or signatory.
(2) A certificate issued outside The Gambia has
the same legal effect in The Gambia as a
certificate issued in The Gambia if it offers a
substantially equivalent level of reliability.
(3) An electronic signature created or used outside
The Gambia has the same legal effect in The
Gambia as an electronic signature created or used
in The Gambia if it offers a substantially equivalent
level of reliability.
(4) In determining whether a certificate or an
electronic signature offers a substantially
equivalent level of reliability for the purposes of
subsection (2) or (3), regard shall be had to
recognized inter-national standards and to any
other relevant factors.
(5) Where, notwithstanding subsections (2), (3)
and (4), parties agree, as between themselves, to
the use of certain types of electronic signatures or
certificates, that agreement shall be recognized as
sufficient for the purposes of cross-border
recognition, unless that agreement would not be
valid or effective under applicable law.
Notarisation,
acknowledgeme
nt and
certification
191. (1) Where a law requires a signature, state
ment or document to be notarized, acknowledged,
verified or made under oath, that requirement is
met if the advanced or secure electronic signature
of the person authorized to perform those acts is
attached to, incorporated in, or logically associated
185