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In force2020 Revised Edition

Part 3 · Secure Electronic Records and Signatures

18. Secure electronic signature

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(1)

If, through the application of a specified security procedure, or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that an electronic signature was, at the time it was made —

(a)

unique to the person using it;

(b)

capable of identifying such person;

(c)

created in a manner or using a means under the sole control of the person using it; and

(d)

linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated,such signature is treated as a secure electronic signature.

(2)

Whether a security procedure is commercially reasonable must be determined in accordance with section 17(2).

Report

Part 4

Regulation of Specified Security Procedures and Specified Security Procedure Providers

Part 5

Use of Electronic Records and Signatures by Public Agencies

Part 6

Liability of Network Service Providers

Part 7

General

Schedules