40
Laws of Malaysia
ACT 562
(c) shall not be liable for—
(i) punitive or exemplary damages; or
(ii) damages for pain or suffering.
PART V
EFFECT OF DIGITAL SIGNATURE
Satisfaction of signature requirements
62. (1) Where a rule of law requires a signature or provides for
certain consequences in the absence of a signature, that rule shall
be satisfied by a digital signature where—
(a) that digital signature is verified by reference to the public
key listed in a valid certificate issued by a licensed
certification authority;
(b) that digital signature was affixed by the signer with the
intention of signing the message; and
(c) the recipient has no knowledge or notice that the signer—
(i) has breached a duty as a subscriber; or
(ii) does not rightfully hold the private key used to
affix the digital signature.
(2) Notwithstanding any written law to the contrary—
(a) a document signed with a digital signature in accordance
with this Act shall be as legally binding as a document
signed with a handwritten signature, an affixed thumbprint or any other mark; and
(b) a digital signature created in accordance with this Act
shall be deemed to be a legally binding signature.
(3) Nothing in this Act shall preclude any symbol from being
valid as a signature under any other applicable law.
Unreliable digital signatures
63. (1) Unless otherwise provided by law or contract, the recipient
of a digital signature assumes the risk that a digital signature is
forged, if reliance on the digital signature is not reasonable under
the circumstances.