Section 16: Secure electronic signatures
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16. Secure electronic signatures
Where, in the application of a prescribed security procedure or a commercially reasonable security procedure agreed to by the parties involved, it can
be verified that an electronic signature was, at the time it was made—
(a) unique to the person using it;
(b) capable of identifying such person;
(c) created in a manner or using a means under the sole control of
the person using it; and
(d) linked to the electronic record to which it relates in a manner
such that had the record been changed, the electronic signature
would be invalidated,
the signature shall be treated as a secure electronic signature.
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Questions this section answers
- What conditions must an electronic signature meet to be treated as a 'secure electronic signature'?