LAWS OF BRUNEI
20
CAP. 196
Electronic Transactions
2008 Ed.
PART V
SECURE ELECTRONIC RECORDS AND SIGNATURES
Secure electronic record.
16.
(1) If a prescribed security procedure or a commercially reasonable
security procedure agreed to by the parties involved has been properly
applied to an electronic record to verify that the electronic record has not
been altered since a specified point in time, such record shall be treated as a
secure electronic record from such specified point in time to the time of
verification.
(2) For the purposes of this section and of section 17, whether a
security procedure is commercially reasonable shall be determined having
regard to the purposes of the procedure and the commercial circumstances at
the time the procedure was used, including —
(a) the nature of the transaction;
(b) the sophistication of the parties;
(c) the volume of similar transactions engaged in by either or all
parties;
(d) the availability of alternatives offered to but rejected by any
party;
(e) the cost of alternative procedures; and
(f) the procedures in general use for similar types of
transactions.
Secure electronic signature.
17.
If, through the application of a prescribed security procedure or a
commercially reasonable security procedure agreed to by the parties
involved, it can be verified that all electronic signature was, at the time it was
made —
(a) unique to the person using it;
(b) capable of identifying such person;