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Section 26: Issuing of certificate

Electronic Transactions Act · PART VIII: OBLIGATIONS OF CERTIFICATION AUTHORITIES

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.

26. Issuing of certificate (1) A certification authority may only issue a certificate to a prospective subscriber where it has— (a) received a request to that effect from the prospective subscriber; and (b) complied with— (i) where it has a certification practice statement, all the practices and procedures set forth in the certification practice statement including procedures regarding identification of the prospective subscriber; or (ii) in the absence of a certification practice statement, the conditions in subsection (2). (2) In the absence of a certification practice statement, the certification authority may only issue a certificate to a prospective subscriber where it has ascertained that— (a) the prospective subscriber is the person to be referred to in the certificate to be issued; (b) where the prospective subscriber is acting through an agent, the subscriber authorised the agent to have custody of the subscriber’s private key and to request the issue of a certificate setting out the corresponding public key; (c) the information in the certificate to be issued is accurate; [Issue 3] E5 – 14 Revised Laws of Mauritius (d) the prospective subscriber rightfully holds the private key corresponding to the public key to be referred to in the certificate; (e) the prospective subscriber holds a private key capable of creating a digital signature; and (f) the public key to be referred to in the certificate can be used to verify a digital signature affixed by the private key held by the prospective subscriber.

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