Electronic Transactions Act, 2008
(3) An alteration is unauthorised if it is done by a person without
the lawful authority of the person who originally applied the security
procedure.
Digital signature
10. (1) Where a law requires the signature of a person, that requirement is deemed to be satisfied in relation to an electronic record if a digital
signature is used.
(2) A digital signature is deemed to be authentic if
(a) the means of creating the digital signature is, within the
context in which it is used, linked to the signatory and not
to another person,
(b) the means of creating the digital signature was, at the time of
signing, under the control of the signatory and not another
person without duress or undue influence , and
(c) an alteration to the digital signature, made after the time of
signing, is detectable.
(3) Subsection (2) does not limit the right of a person
(a) to prove the authenticity of a digital signature in any other
way, or
(b) to adduce evidence in respect of the non-authenticity of a
digital signature.
Equal treatment of digital signatures
11. Except as provided in this Act, the provisions of this Act do not
exclude, restrict, or deprive of legal effect, any method of creating a digital
signature which
(a) satisfies the requirements of this Act,
(b) meets the requirements of other statutory provision, or
(c) is provided for under a contract.
Signing of an electronic record
12. A person may sign an electronic record by affixing a personal digital signature or using any other recognized, secure and verifiable mode
of signing agreed by the parties or recognized by the industry to be safe,
reliable and acceptable.
Conduct of a person relying on a digital signature
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