Singapore legislation

Clause 22

of Electronic Transactions Bill

Clause 22

Regulation of specified security procedures and specified security procedure providers

(1)

The Minister may make regulations for the carrying out of this Part and, without prejudice to such general power, may make regulations for all or any of the following purposes:

(a)

the regulation, licensing or accreditation of specified security procedure providers and their authorised representatives;

(b)

safeguarding or maintaining the effectiveness and efficiency of the common security infrastructure relating to the use of secure electronic signatures and the authentication of electronic records, including the imposition of requirements to ensure interoperability between specified security procedure providers or in relation to any security procedure;

(c)

ensuring that the common security infrastructure relating to the use of secure electronic signatures and the authentication of electronic records complies with Singapore’s international obligations;

(d)

prescribing the forms and fees applicable for the purposes of this Part.

(2)

Without prejudice to the generality of subsection (1), the Minister may, in making regulations for the regulation, licensing or accreditation of specified security procedure providers and their authorised representatives —

(a)

prescribe the accounts to be kept by specified security procedure providers;

(b)

provide for the appointment and remuneration of an auditor, and for the costs of an audit carried out under the regulations;

(c)

provide for the establishment and regulation of any electronic system by a specified security procedure provider, whether by itself or in conjunction with other specified security procedure providers, and for the imposition and variation of requirements or conditions relating thereto as the Controller may think fit;

(d)

make provisions to ensure the quality of repositories and the services they provide, including provisions for the standards, licensing or accreditation of repositories;

(e)

provide for the use of any accreditation mark in relation to the activities of specified security procedure providers and for controls over the use thereof;

(f)

prescribe the duties and liabilities of specified security procedure providers registered, licensed or accredited under this Act in respect of their customers; and

(g)

provide for the conduct of any inquiry into the conduct of specified security procedure providers and their authorised representatives and the recovery of the costs and expenses involved in such an inquiry.

(3)

Without prejudice to the generality of subsection (1), the Minister may make regulations to provide for the cross-border recognition of specified security procedure providers or specified security procedures or any processes or records related thereto, including any requirements —

(a)

relating to interoperability arrangements with the specified security procedure providers;

(b)

whether the specified security procedure providers satisfy certain requirements applicable to specified security procedure providers registered, accredited or licensed under this Act;

(c)

whether the specified security procedures, processes or records satisfy certain requirements applicable to specified security procedures, processes or records (as the case may be) under this Act;

(d)

that the processes or records have been guaranteed by a specified security procedure provider registered, accredited or licensed under this Act;

(e)

that —

(i)

the specified security procedure providers have been registered, accredited or licensed;

(ii)

the processes have been specified; or

(iii)

the records have been registered,under a particular registration, accreditation or licensing scheme (as the case may be) established outside Singapore; or

(f)

that the specified security procedure providers, specified security procedures, processes or records have been recognised under a particular bilateral or multilateral agreement with Singapore.

(4)

Regulations made under this section may provide that a contravention of a specified provision shall be an offence and may provide penalties for a fine not exceeding $50,000 or imprisonment for a term not exceeding 12 months or both.