Electronic Transactions Act · 2008 Revised Edition · Part IX · Duties of Subscribers
45. Liability limits for licensed certification authorities
Official textFrom Attorney General's Chambers, unchanged
Unless a licensed certification authority waives the application of this section, a licensed certification authority —
licensed certification authority
“licensed certification authority” means a certification authority licensed by the Controller pursuant to regulations made under section 42;
shall not be liable for any loss caused by reliance on a false or forged digital signature of a subscriber if, with respect to the false or forged digital signature, the licensed certification authority complied with the requirements of this Act;
digital signature
“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;
shall not be liable in excess of the amount specified in the certificate as its recommended reliance limit for either —
a loss caused by reliance on a misrepresentation in the certificate of any fact that the licensed certification authority is required to confirm; or
Electronic Transactions 34 2008 Ed.
ii) failure to comply with sections 29 and 30 in issuing the certificate.
Terms defined in s 2
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;
licensed certification authority
Defined · s 2“licensed certification authority” means a certification authority licensed by the Controller pursuant to regulations made under section 42;
subscriber
Defined · s 2“subscriber” means a person who is the subject named or identified in a certificate issued to him and who holds a private key that corresponds to a public key listed in that certificate;
Part XI
Government Use of Electronic Records and Signatures
Part XII