32
Laws of Malaysia
ACT 562
(c) all material representations made by the subscriber to a
licensed certification authority or made in the certificate
and not confirmed by the licensed certification authority
in issuing the certificate are true.
Representations by agent of subscriber
39. By requesting on behalf of a principal the issuance of a
certificate naming the principal as subscriber, the requesting person
certifies in that person’s own right to all who reasonably rely on
the information contained in the certificate that the requesting
person—
(a) holds all authority legally required to apply for issuance
of a certificate naming the principal as subscriber; and
(b) has authority to sign digitally on behalf of the principal,
and, if that authority is limited in any way, adequate
safeguards exist to prevent a digital signature exceeding
the bounds of the person’s authority.
Disclaimer or indemnity limited
40. No person may disclaim or contractually limit the application
of this Chapter, nor obtain indemnity for its effects, if the disclaimer,
limitation or indemnity restricts liability for misrepresentation as
against persons reasonably relying on the certificate.
Indemnification of licensed certification authority by subscriber
41. (1) By accepting a certificate, a subscriber undertakes to
indemnify the issuing licensed certification authority for any loss
or damage caused by issuance or publication of the certificate in
reliance on—
(a) a false and material representation of fact by the subscriber;
or
(b) the failure by the subscriber to disclose a material fact,
if the representation or failure to disclose was made either with
intent to deceive the licensed certification authority or a person
relying on the certificate, or with negligence.