Print Options

(1) Where a law requires the signature of a person, that requirement is deemed to be satisfied in relation to an electronic record if a digital signature is used.

(2) A digital signature is deemed to be authentic if

(a) the means of creating the digital signature is, within the context in which it is used, linked to the signatory and not to another person,

(b) the means of creating the digital signature was, at the time of signing, under the control of the signatory and not another person without duress or undue influence , and

(c) an alteration to the digital signature, made after the time of signing, is detectable.

(3) Subsection (2) does not limit the right of a person

(a) to prove the authenticity of a digital signature in any other way, or

(b) to adduce evidence in respect of the non-authenticity of a digital signature.