Singapore legislation

Clause 22

of Electronic Transactions Bill

Clause 22

Unreliable digital signatures

Unless otherwise provided by law or contract, a person relying on a digitally signed electronic record assumes the risk that the digital signature is invalid as a signature or authentication of the signed electronic record, if reliance on the digital signature is not reasonable under the circumstances having regard to the following factors:

(a)

facts which the person relying on the digitally signed electronic record knows or has notice of, including all facts listed in the certificate or incorporated in it by reference;

(b)

the value or importance of the digitally signed electronic record, if known;

(c)

the course of dealing between the person relying on the digitally signed electronic record and the subscriber and any available indicia of reliability or unreliability apart from the digital signature; and

(d)

any usage of trade, particularly trade conducted by trustworthy systems or other electronic means.