"secure electronic signature" means an electronic signature treated as a secure
electronic signature by virtue of section 16 or 19.
PART VI - EFFECT OF DIGITAL SIGNATURES
18.
Secure electronic records with digital signatures
Where a digital signature is a secure electronic signature by virtue of section 19, the
portion of an electronic record that is signed with a digital signature shall be treated as a
secure electronic record.
19.
Secure digital signatures
Where any portion of an electronic record is signed with a digital signature, the digital
signature shall be treated as a secure electronic signature with respect to such portion of
the record, where -
20.
(a)
the digital signature was created during the operational period of a valid certificate
and is verified by reference to the public key listed in such certificate; and
(b)
the certificate is considered trustworthy, in that it is an accurate binding of a public
key to a person's identity on grounds that (i)
the certificate was issued by a licensed certification authority;
(ii)
the certificate was issued by a certification authority outside Mauritius
recognised forth is purpose by the Controller;
(iii)
the certificate was issued by a public sector agency approved by the
Minister to act as a certification authority on such conditions as he may
impose; or
(iv)
the originator and the addressee have expressly agreed to use a digital
signature as a security procedure, and the digital signature was properly
verified by reference to the public key of the originator.
Presumptions regarding certificates
It shall be presumed, unless evidence to the contrary is adduced, that any information,
other than information identified as subscriber information which has not been verified, set
out in a certificate issued by a licensed certification authority and accepted by the
subscriber, is correct.
21.
Unreliable digital signatutes
Unless otherwise provided for in any enactment or agreement, a person relying on a
digitally signed electronic record shall assume the risk that the digital signature is invalid as
a signature or authentication of the signed electronic record, where reliance on the digital
signature is not reasonable under the circumstances having regard to _