15
(d)
linked to the electronic record to which it relates in a manner such
that had the record been changed, the electronic signature would
be invalidated,
the signature shall be treated as a secure electronic signature.
17.
Presumptions relating to secure electronic records and signatures
(1)
In any proceedings involving a secure electronic record, it shall be
presumed, unless evidence to the contrary is adduced, that the secure electronic
record has not been altered since the specific point in time to which the secure
status relates.
(2)
In any proceedings involving a secure electronic signature, it shall
be presumed, unless evidence to the contrary is adduced, that (a)
the secure electronic signature is the signature of the person
to whom it correlates; and
(b)
the secure electronic signature was affixed by that person
with the intention of signing or approving the electronic
record.
(3)
In the absence of a secure electronic record or a secure electronic
signature, nothing in this Part shall create any presumption relating to the
authenticity and integrity of the electronic record or an electronic signature.
(4)
For the purposes of this section "secure electronic record" means an electronic record treated as a
secure electronic record by virtue of section 15 or 18;
"secure electronic signature" means an electronic signature treated
as a secure electronic signature by virtue of section 16 or 19.
PART VI - EFFECT OF DIGITAL SIGNATURES
18.
Secure electronic records with digital signatures
Where a digital signature is a secure electronic signature by virtue of
section 19, the portion of an electronic record that is signed with a digital
signature shall be treated as a secure electronic record.
19.
Secure digital signatures