Electronic Transactions Act · 2008 Revised Edition · Part IX · Duties of Subscribers
42. Regulation of certification authorities
Official textFrom Attorney General's Chambers, unchanged
The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for the regulation and licensing of certification authorities and to define when a digital signature qualifies as a secure electronic signature.
Without prejudice to the generality of subsection (1), the
Minister may make regulations for or with respect to —
* Part X has not commenced (S 40/01).
Electronic Transactions 32 2008 Ed.
applications for licences or renewal of licences of certification authorities and their authorised representatives and matters incidental thereto;
the activities of certification authorities including the manner, method and place of soliciting business, the conduct of such solicitation and the prohibition of such solicitation from members of the public by certification authorities which are not licensed;
the standards to be maintained by certification authorities;
prescribing the appropriate standards with respect to the qualifications, experience and training of applicants for any licence or their employees;
prescribing the conditions for the conduct of business by a certification authority;
providing for the content and distribution of written, printed or visual material and advertisements that may be distributed or used by a person in respect of a digital certificate or key;
prescribing the form and content of a digital certificate or key;
prescribing the particulars to be recorded in, or in respect of, accounts kept by certification authorities;
providing for the appointment and remuneration of an auditor appointed under the regulations and for the costs of an audit carried out under the regulations;
providing for the establishment and regulation of any electronic system by a certification authority, whether by itself or in conjunction with other certification authorities, and for the imposition and variation of such requirements, conditions or restrictions as the
Controller may think fit;
the manner in which a holder of a licence conducts its dealings with its customers, conflicts of interest involving the holder of a licence and its customers, and the duties of a holder of a licence to its customers with respect to digital certificates;
prescribing any forms for the purposes of the regulations;
and
Electronic Transactions 33 2008 Ed.
prescribing fees to be paid in respect of any matter or thing required for the purposes of this Act and the regulations.
Regulations made under this section may provide that a contravention of a specified provisions shall be an offence and may provide for penalties for a fine not exceeding $50,000, imprisonment for a term not exceeding one year or both.
Terms defined in s 2
certification authority
Defined · s 2“certification authority” means a person who or an organisation that issues a certificate;
Controller
Defined · s 2“Controller” means the Controller of Certification Authorities appointed under section 41(1) and includes a Deputy or an Assistant Controller of Certification Authorities appointed under section 41(2); Electronic Transactions 8 2008 Ed.
digital signature
Defined · s 2“digital signature” means an electronic signature consisting of a transformation of an electronic record using an asymmetric cryptosystem and a hash function such that a person having the initial untransformed electronic record and the signer’s public key can accurately determine — (a) whether the transformation was created using the private key that corresponds to the signer’s public key; and (b) whether the initial electronic record has been altered since the transformation was made;
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;
Part XI
Government Use of Electronic Records and Signatures
Part XII