Electronic Transactions Act · 2008 Revised Edition · Part V · Secure Electronic Records and Signatures
17. Secure electronic signature
Official textFrom Attorney General's Chambers, unchanged
If, through the application of a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved, it can be verified that all electronic signature was, at the time it was made —
security procedure
“security procedure” means a procedure for the purpose of — (a) verifying that an electronic record is that of a specific person; or Electronic Transactions 10 2008 Ed. (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 acknowledgement procedures, or similar security devices;
unique to the person using it;
capable of identifying such person;
Electronic Transactions 21 2008 Ed.
created in a manner or using a means under the sole control of the person using it; and
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 shall be treated as a secure electronic signature.
electronic record
“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
Terms defined in s 2
electronic record
Defined · s 2“electronic record” means a record generated, communicated, received or stored by electronic, magnetic, optical or other means in an information system or for transmission from one information system to another;
electronic signature
Defined · s 2“electronic signature” means any letters, characters, numbers or other symbols in digital form attached to or logically associated with an electronic record, and executed or adopted with the intention of authenticating or approving the electronic record;
record
Defined · s 2“record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
security procedure
Defined · s 2“security procedure” means a procedure for the purpose of — (a) verifying that an electronic record is that of a specific person; or Electronic Transactions 10 2008 Ed. (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 acknowledgement procedures, or similar security devices;
signature
Defined · s 2“signed” or “signature” includes any symbol executed or adopted, or any methodology or procedure employed or adopted, by a person with the intention of authenticating a record, including electronic or digital methods;
Part VI
Effect of Digital Signatures
Part VII
General Duties Relating to Digital Signatures
Part VIII
Duties of Certification Authorities
Part IX
Duties of Subscribers
Part XI
Government Use of Electronic Records and Signatures
Part XII