either or all parties;
16.
(d)
the availability of alternatives offered to but rejected by any party;
(e)
the cost of alternative procedures; and
(f)
the procedures in general use for similar types of transactions.
Secure electronic signatures
Where, in the application of a prescribed security procedure or a commercially reasonable
security procedure agreed to by the parties involved, it can be verified that an electronic
signature was, at the time it was made (a)
unique to the person using it;
(b)
capable of identifying such person;
(c)
created in a manner or using a means under the sole control of the person using it;
and
(d)
linked to the electronic record to which it relates in a manner such that had the
record been changed, the electronic signature would be invalidated,
the signature shall be treated as a secure electronic signature.
17.
Presumptions relating to secure electronic records and signatures
(1)
In any proceedings involving a secure electronic record, it shall be presumed,
unless evidence to the contrary is adduced, that the secure electronic record has
not been altered since the specific point in time to which the secure status relates.
(2)
In any proceedings involving a secure electronic signature, it shall be presumed,
unless evidence to the contrary is adduced, that (a)
the secure electronic signature is the signature of the person to whom it
correlates; and
(b)
the secure electronic signature was affixed by that person with the intention
of signing or approving the electronic record.
(3)
In the absence of a secure electronic record or a secure electronic signature,
nothing in this Part shall create any presumption relating to the authenticity and
integrity of the electronic record or an electronic signature.
(4)
For the purposes of this section “secure electronic record" means an electronic record treated as a secure electronic
record by virtue of section 15 or 18;