THE GAZETTE OF INDIA EXTRAORDINARY Sec. 1] 3 (C) in clause (n), the word “Regulations” shall be omitted; (D) after clause (n), the following clauses shall be inserted, namely:-— ‘(na) “cyber cafe” means any facility from where access to the internet is offered by any person in the ordinary course of business to the members of the public; (nb) “cyber security” means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unauthorised access, use, disclosure, disruption, modification or destruction;’, (B) after clause (#), the following clauses shall be inserted, namely:— ‘(ta) “electronic signature” means authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature; (16) “Electronic Signature Certificate” means an Electronic Signature Certificate issued under section 35 and includes Digital Signature Certificate;’; (F) after clause (u), the following clause shall be inserted, namely:— ‘(wa) “Indian Computer Emergency Response Team” means an agency established under sub-section (/) of section 70B;"; (G) in clause (v), for the words “data, text”, the words “data, message, text” shall be substituted; (A) for clause (w), the following clause shall be substituted, namely:— “(w) “intermediary”, with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, webhosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes;’. 5. In Chapter II of the principal Act, for the heading, the heading “Diarra SIGNATURE AND ELECTRONIC SIGNATURE” shall be substituted. 6. After section 3 of the principal Act, the following section shall be inserted, namely:— “3A. (7) Notwithstanding anything contained in section 3, but subject to the provisions of sub-section (2), a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which— (a) is considered reliable; and (b) may be specified in the Second Schedule. (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if— (a) the signature creation data or the authentication data are, within the in which theytare used, linked to the signatory or, as the case may be, the contex authenticator and to no other person; (b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person; (©) any alteration to the electronic signature made after affixing such signature is detectable; @ any alteration to the information made after its authentication by | electronic signature is detectable; and (e) it fulfils such other conditions which may be prescribed. Amendment of heading of Chapter II. Insertion of new 3A. section Electronic signature.

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