Section 21: Unreliable digital signatures

21. Unreliable digital signatures Unless otherwise provided for in any enactment or agreement, a person relying on a digitally signed electronic record shall assume the risk that the digital signature is invalid as a signature or authentication of the signed electronic record, where reliance on the digital signature is not reasonable under the circumstances having regard to— (a) any fact which the person relying on the digitally signed electronic record knows or has notice of, including a fact set out in the certificate or incorporated in it by reference; (b) the value or importance of the digitally signed electronic record, if known; (c) the course of dealing between the person relying on the digitally signed electronic record and the subscriber and any available indication of reliability or unreliability other than the digital signature; and (d) any usage of trade, particularly trade conducted by trustworthy systems or other electronic means. (S. 21 came into operation on 1 December 2010.) PART VII — OBLIGATIONS RELATING TO DIGITAL SIGNATURES