16 Where 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, where - 20. (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 on grounds that (i) the certificate was issued by a licensed certification authority; (ii) the certificate was issued by a certification authority outside Mauritius recognised for this purpose by the Controller; (iii) the certificate was issued by a public sector agency approved by the Minister to act as a certification authority on such conditions as he may impose; or (iv) the originator and the addressee have expressly agreed to use a digital signature as a security procedure, and the digital signature was properly verified by reference to the public key of the originator. Presumptions regarding certificates It shall be presumed, unless evidence to the contrary is adduced, that any information, other than information identified as subscriber information which has not been verified, set out in a certificate issued by a licensed certification authority and accepted by the subscriber, is correct. 21. Unreliable digital signatures Unless otherwise provided for in any enactment or agreement, a person relying on a digitally signed electronic record shall assume the risk that the digital signature is invalid as a signature or authentication of the signed electronic record, where reliance on the digital signature is not reasonable under the circumstances having regard to (a) any fact which the person relying on the digitally signed electronic record knows or has notice of, including a fact set out in the certificate or incorporated in it by reference; (b) the value or importance of the digitally signed electronic record, if known;

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