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Contents

Long Title

Enacting Formula

Part I PRELIMINARY

Part II ELECTRONIC RECORDS AND SIGNATURES GENERALLY

Part Iii LIABILITY of network service providers

Part IV electronic contracts

Part V SECURE ELECTRONIC RECORDS AND SIGNATURES

Part VI EFFECT OF DIGITAL SIGNATURES

Part VII GENERAL DUTIES RELATING TO DIGITAL SiGNATURES

Part VIII DUTIES OF CERTIFICATION AUTHORITIES

Part IX DUTIES OF SUBSCRIBERS

Part X REGULATION OF CERTIFICATION AUTHORITIES

Part XI GOVERNMENT USE OF ELECTRONIC RECORDS AND SIGNATURES

Part XII GENERAL

 
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On 23/05/2013, you requested for the version in force on 23/05/2013 incorporating all amendments published on or before 23/05/2013. The closest version currently available is that of 10/07/1998.
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PART VI
EFFECT OF DIGITAL SIGNATURES
Secure electronic record with digital signature
19.  The portion of an electronic record that is signed with a digital signature shall be treated as a secure electronic record if the digital signature is a secure electronic signature by virtue of section 20.
Secure digital signature
20.  When any portion of an electronic record is signed with a digital signature, the digital signature shall be treated as a secure electronic signature with respect to such portion of the record, if —
(a)
the digital signature was created during the operational period of a valid certificate and is verified by reference to the public key listed in such certificate; and
(b)
the certificate is considered trustworthy, in that it is an accurate binding of a public key to a person’s identity because —
(i)
the certificate was issued by a licensed certification authority operating in compliance with the regulations made under section 42 ;
(ii)
the certificate was issued by a certification authority outside Singapore recognised for this purpose by the Controller pursuant to regulations made under section 43;
(iii)
the certificate was issued by a department or ministry of the Government, an organ of State or a statutory corporation approved by the Minister to act as a certification authority on such conditions as he may by regulations impose or specify; or
(iv)
the parties have expressly agreed between themselves (sender and recipient) to use digital signatures as a security procedure, and the digital signature was properly verified by reference to the sender’s public key.
Presumptions regarding certificates
21.  It shall be presumed, unless evidence to the contrary is adduced, that the information (except for information identified as subscriber information which has not been verified) listed in a certificate issued by a licensed certification authority is correct if the certificate was accepted by the subscriber.
Unreliable digital signatures
22.  Unless otherwise provided by law or contract, a person relying on a digitally signed electronic record assumes the risk that the digital signature is invalid as a signature or authentication of the signed electronic record, if reliance on the digital signature is not reasonable under the circumstances having regard to the following factors:
(a)
facts which the person relying on the digitally signed electronic record knows or has notice of, including all facts listed in the certificate or incorporated in it by reference;
(b)
the value or importance of the digitally signed electronic record, if known;
(c)
the course of dealing between the person relying on the digitally signed electronic record and the subscriber and any available indicia of reliability or unreliability apart from the digital signature; and
(d)
any usage of trade, particularly trade conducted by trustworthy systems or other electronic means.