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Section 41

Indemnification of licensed certification authority by subscriber

of Digital Signature Act 1997

ActIn forceProvision 37 of 88
Section 41
(1)

By accepting a certificate, a subscriber undertakes to indemnify the issuing licensed certification authority for any loss or damage caused by issuance or publication of the certificate in reliance on—

(a)

a false and material representation of fact by the subscriber;

or

(b)

the failure by the subscriber to disclose a material fact, if the representation or failure to disclose was made either with intent to deceive the licensed certification authority or a person relying on the certificate, or with negligence.

Digital Signature 33

(2)

Where the licensed certification authority issued the certificate at the request of one or more agents of the subscriber, the agent or agents personally undertake to indemnify the licensed certification authority under this section, as if they were accepting subscribers in their own right.

(3)

The indemnity provided in this section shall not be disclaimed or contractually limited in scope.