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In force2020 Revised Edition

Part 3 · Secure Electronic Records and Signatures

19. Presumptions relating to secure electronic records and signatures

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(1)

In any proceedings involving a secure electronic record, it is presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates.

(2)

In any proceedings involving a secure electronic signature, it is presumed, unless evidence to the contrary is adduced, that —

(a)

the secure electronic signature is the signature of the person to whom it correlates; and

(b)

the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record.

(3)

In the absence of a secure electronic record or a secure electronic signature, nothing in this Part creates any presumption relating to the authenticity and integrity of the electronic record or electronic signature.

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