LAWS OF BRUNEI
2008 Ed.
Electronic Transactions
CAP. 196
21
(c) created in a manner or using a means under the sole control
of the person using it; and
(d) linked to the electronic record to which it relates in a manner
such that if the record was changed the electronic signature would be
invalidated,
such signature shall be treated as a secure electronic signature.
Presumptions relating to secure electronic records and signatures.
18.
(1) In any proceedings involving a secure electronic record, it shall
be presumed, unless evidence to the contrary is adduced, that the secure
electronic record has not been altered since the specific point in time to
which the secure status relates.
(2) In any proceedings involving a secure electronic signature, it
shall be presumed, unless evidence to the contrary is adduced, that —
(a) the secure electronic signature is the signature of the person
with whom it correlates; and
(b) the secure electronic signature was affixed by that person
with the intention of signing or approving the electronic record.
(3) In the absence of a secure electronic record or a secure electronic
signature, nothing in this Part shall create any presumption relating to the
authenticity and integrity of the electronic record or an electronic signature.
(4) For the purposes of this section —
“secure electronic record” means an electronic record treated as a
secure electronic record by virtue of sections 16 or 19;
“secure electronic signature” means an electronic signature
treated as a secure electronic signature by virtue of sections 17 or
20.
B.L.R.O. 4/2008