Electronic Transactions Act 2010 · 2020 Revised Edition · Part 3 · Secure Electronic Records and Signatures
17. Secure electronic record
Feedback & supportIf a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, has been properly applied to an electronic record to verify that the electronic record has not been altered since a specific point in time, such record is treated as a secure electronic record from such specific point in time to the time of verification.
specified security procedure
“specified security procedure” means a security procedure which is specified in the Second Schedule;
For the purposes of this section and section 18, whether a security procedure is commercially reasonable must be determined having regard to the purposes of the procedure and the commercial circumstances at the time the procedure was used, including —
security procedure
“security procedure” means a procedure for the purpose of —(a)verifying that an electronic record is that of a specific person; or(b)detecting error or alteration in the communication, content or storage of an electronic record since a specific point in time,which may require the use of algorithms or codes, identifying words or numbers, encryption, answerback or acknowledgment procedures, or similar security devices;
the nature of the transaction;
the sophistication of the parties;
the volume of similar transactions engaged in by either or all parties;
the availability of alternatives offered to but rejected by any party;
the cost of alternative procedures; and
the procedures in general use for similar types of transactions.