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In force2020 Revised Edition

Part 2 · Electronic Records, Signatures and Contracts

8. Requirement for signature

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Where a rule of law requires a signature, or provides for certain consequences if a document or a record is not signed, that requirement is satisfied in relation to an electronic record if —

(a)

a method is used to identify the person and to indicate that person’s intention in respect of the information contained in the electronic record; and

(b)

the method used is either —

(i)

as reliable as appropriate for the purpose for which the electronic record was generated or communicated, in the light of all the circumstances, including any relevant agreement; or

(ii)

proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.

Report

Part 2A

Electronic Transferable Records

Part 3

Secure Electronic Records and Signatures

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