Electronic Transactions Act · 2008 Revised Edition · Part II · Electronic Records and Signatures Generally
8. Electronic signatures
Official textFrom Attorney General's Chambers, unchanged
Where any rule of law requires a signature, or provides for certain consequences if a document is not signed, an electronic signature satisfies that rule of law.
An electronic signature may be proved in any manner, including by showing that a procedure existed by which it is necessary for a party, in order to proceed further with a transaction, to have executed a symbol or security procedure for the purpose of verifying that an electronic record is that of such party.
electronic signature
“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;
Retention of electronic records.
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;
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;
signed
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 III
Liability of Network Service Providers
Part IV
Electronic Contracts
Part V
Secure Electronic Records and Signatures
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