s.22Recognition of foreign certificates and electronic signatures
22
Section 22Part 5 — Electronic Signatures

Recognition of foreign certificates and electronic signatures

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In determining whether, or the extent to which, a certificate or an electronic signature is legally effective, no regard shall be had to the place where the certificate or the electronic signature was issued, nor to the jurisdiction in which the issuer had its place of business.
If the Minister, on the recommendation of the Authority, considers that the practices of a foreign information security service provider provide a level of reliability at least equivalent to that required of information security service providers in order that they may be approved under section 25, he may, by notice published in the Gazette, recognise certificates or classes of certificates issued by the foreign provider as legally equivalent to certificates issued by information security service providers approved under section 25.
The Minister may, by notice published in the Gazette, recognise signatures complying with the laws of a foreign jurisdiction relating to electronic signatures as legally equivalent to signatures issued by information security service providers approved under section 25 if the laws of the other foreign jurisdiction require a level of reliability at least equivalent to that required for such signatures under this Law.
The Governor may make regulations prescribing the matters to be taken into account by the Minister when deciding whether to exercise his powers under subsections (2) and (3).
Notwithstanding subsections (2) and (3), parties to commercial and other transactions may specify that a particular information security service provider, class of information security service providers or class of certificates shall be used in connection with messages or signatures submitted to them.
Where, notwithstanding subsections (2) and (3), the parties to a transaction agree to the use of particular types of electronic signatures and certificates, that agreement shall be recognised as sufficient for the purpose of cross-border recognition in respect of that transaction.

Defined Terms

information security service providercertificate

Cross References