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Section 50: Regulations

Electronic Transactions Act · PART XIII: MISCELLANEOUS

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.

50. Regulations (1) The Minister may make such regulations as he thinks fit for the purposes of this Act. (2) Regulations made under subsection (1) may provide for— (a) the regulating and licensing of certification authorities; (b) the securing of digital signatures and electronic signatures; (c) applications for licences or renewal of licences of certification authorities and their authorised representatives and matters incidental thereto; (d) the activities of certification authorities including the manner, method and place of soliciting business, the conduct of such solicitation and the prohibition of such solicitation of members of the public by certification authorities which are not licensed; [Issue 3] E5 – 22 Revised Laws of Mauritius (e) the standards to be maintained by certification authorities; (f) the appropriate standards with respect to the qualifications, experience and training of applicants for any licence or their employees; (g) the conditions for the conduct of any of its activities and for certification practice statement by a certification authority; (h) the content and distribution of written, printed, electronic or visual material and advertisements that may be distributed or used by a person in respect of a digital certificate or key; (i) the form and content of a digital certificate or key; (j) the particulars to be recorded in, or in respect of, accounts kept by certification authorities; (k) the appointment and remuneration of an auditor appointed and for the costs of an audit; (l) the establishment and regulation of any electronic system by a certification authority, whether by itself or in conjunction with other certification authorities, and for the imposition and variation of such requirements, conditions or restrictions as may be imposed by the Controller; (m) the manner in which a holder of a licence conducts its dealings with its customers, conflicts of interest involving the holder of a licence and its customers, and the duties of a holder of a licence to its customers with respect to digital certificates; (n) the recognition of a certification authority outside Mauritius that satisfies the requirements— (i) for the recommended reliance limit, specified in a certificate issued by the certification authority; and (ii) referred to in section 19; (o) ensuring the quality of repositories and the services they provide including provisions for the standards, licensing or accreditation of repositories; (p) giving effect to the obligations of Mauritius under any international treaty, convention or agreement save and to the extent that these regulations are not inconsistent with this Act; (q) the levying of fees and for the taking of charges. (3) Any regulations made under this section may provide that any person who contravenes them shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 6 months. 51. – 53. — E5 – 23 [Issue 1]

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