34 Presumptions regarding digital signature certificates Unreliable digital signatures Electronic Transactions No. 33 (b) the public key of the signatory has the same identity as the certificate based on the fact that__ (i) the digital signature certificate was issued by a competent licensed certification authority; (ii) the digital signature certificate was issued by a certification authority outside Malawi recognized for this purpose by the Authority; (iii) the digital signature certificate was issued by an organ licensed by the Authority to act as a certification authority in accordance with this Act ; and (iv) the sender and the recipient have expressly agreed between themselves to use digital signatures as a security procedure, and the digital signature was properly verified by reference to the sender's public key. 47. Except for information identified as subscriber information which has not been verified, any other information included in a digital signature certificate issued by a licensed certification authority shall be deemed correct if the subscriber accepted the digital signature certificate, unless evidence to the contrary is adduced. 48.__(1) Unless otherwise provided for by any written law or contract, a person relying on a digitally signed electronic message shall bear the risk that the digital signature is invalid as a signature or authentication of the signed electronic message, if reliance on the digital signature is not reasonable under the circumstances having regard to the following factors__ (a) acts which the person relying on the digitally signed electronic message knows or has notice of, including all facts listed in the digital signature certificate or incorporated in it by reference; (b) the value or importance of the digital signed electronic message, if known; (c) the course of dealing between the person relying on the digital signed electronic message and the subscriber and any available indication of reliability or unreliability apart from the digital signature; and Reliance on digital signature and certificate (d) any usage of trade, particularly trade conducted by trustworthy systems or other electronic means. 49. A person who relies on a digital signature shall be deemed to have relied on a valid certificate containing the public key by which the digital signature may be verified.

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