Section 17: Presumptions relating to secure electronic records and signatures

17. Presumptions relating to secure electronic records and signatures (1) In any proceedings involving a secure electronic record, it shall be presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates. (2) In any proceedings involving a secure electronic signature, it shall be presumed, unless evidence to the contrary is adduced, that— (a) the secure electronic signature is the signature of the person to whom it correlates; and (b) the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record. (3) In the absence of a secure electronic record or a secure electronic signature, nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or an electronic signature. E5 – 11 [Issue 3] Electronic Transactions Act (4) For the purposes of this section— “secure electronic record” means an electronic record treated as a secure electronic record by virtue of section 15 or 18; “secure electronic signature” means an electronic signature treated as a secure electronic signature by virtue of section 16 or 19. PART VI — EFFECT OF DIGITAL SIGNATURES (Part VI came into operation on 1 December 2010.)