Electronic Transactions Act · s 22

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s 22

Unless otherwise provided by any rule of law or by contract, a person relying on a digitally signed electronic record assumes the risk that the digital signature is invalid as a signature or authentication of the signed electronic record, if reliance on the digital signature is not reasonable under the circumstances having regard to the following factors —

(a)

facts which the person relying on the digitally signed electronic record knows or has notice of, including all facts listed in the certificate or incorporated in it by reference;

(b)

the value or importance of the digitally signed record, if known;

(c)

the course of dealing between the person relying on the digitally signed electronic record and the subscriber and any available indicia of reliability or unreliability apart from the digital signature;

and

(d)

usage of trade, particularly trade conducted by trustworthy systems or other electronic means.