Act 7
Electronic Signatures Act
2011
(b) has authority to sign digitally on behalf of the principal,
and, if that authority is limited in any way, adequate
safeguards exist to prevent a digital signature exceeding the
bounds of the person’s authority.
56. Disclaimer or indemnity limited.
A person shall not disclaim or contractually limit the application of
this part, nor obtain indemnity for its effects, if the disclaimer,
limitation or indemnity restricts liability for misrepresentation as
against persons reasonably relying on the certificate.
57. Indemnification of certification service provider by subscriber.
(1) By accepting a certificate, a subscriber undertakes to indemnify
the issuing licensed certification service provider for any loss or damage
caused by issue or publication of the certificate in reliance on—
(a) a false and material representation of fact by the subscriber;
or
(b) the failure by the subscriber to disclose a material fact, if
the representation or failure to disclose was made either
with intent to deceive the certification service provider or a
person relying on the certificate or with negligence.
(2) Where the certification service provider issued the certificate
at the request of one or more agents of the subscriber, the agent or
agents personally undertake to indemnify the certification service
provider under this section, as if they were accepting subscribers in
their own right.
(3) The indemnity provided in this section shall not be
disclaimed or contractually limited in scope.
58. Certification of accuracy of information given.
When obtaining information from a subscriber which is material to
the issue of a certificate, the certification service provider may require
the subscriber to certify the accuracy of the relevant information
under oath or affirmation.
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