Skip to content
In force2008 Revised Edition
Contents

Part V · Secure Electronic Records and Signatures

18. Presumptions relating to secure electronic records and signatures

(1)

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

(a)

the secure electronic signature is the signature of the person with 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 shall create any presumption relating to the authenticity and integrity of the electronic record or an electronic signature.

(4)

For the purposes of this section —

“secure electronic record” means an electronic record treated as a secure electronic record by virtue of sections 16 or 19;

“secure electronic signature” means an electronic signature treated as a secure electronic signature by virtue of sections 17 or 20.

Electronic Transactions 22 2008 Ed.

Report

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

General