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In force2008 Revised Edition
Contents

Part VI · Effect of Digital Signatures

Section 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.

Report

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