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Section 62

of Digital Signature Act 1997

ActIn forceProvision 57 of 88

Section 62

(1)

Where a rule of law requires a signature or provides for certain consequences in the absence of a signature, that rule shall be satisfied by a digital signature where—

(a)

that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification authority;

(b)

that digital signature was affixed by the signer with the intention of signing the message; and

(c)

the recipient has no knowledge or notice that the signer—

(i)

has breached a duty as a subscriber; or

(ii)

does not rightfully hold the private key used to affix the digital signature.

(2)

Notwithstanding any written law to the contrary—

(a)

a document signed with a digital signature in accordance with this Act shall be as legally binding as a document signed with a handwritten signature, an affixed thumb-print or any other mark; and

(b)

a digital signature created in accordance with this Act shall be deemed to be a legally binding signature.

(3)

Nothing in this Act shall preclude any symbol from being valid as a signature under any other applicable law.