LAWS OF BRUNEI 22 Electronic Transactions CAP. 196 2008 Ed. PART VI EFFECT OF DIGITAL SIGNATURES Secure electronic record with digital signature. 19. The portion of an electronic record that is signed with a digital signature shall be treated as a secure electronic record if the digital signature is a secure electronic signature by virtue of section 20. Secure digital signature. 20. When any portion of an electronic record is signed with a digital signature, the digital signature shall be treated as a secure electronic signature with respect to such portion of the record if — (a) the digital signature was created during the operational period of a valid certificate and is verified by reference to the public key listed in such certificate; and (b) the certificate is considered trustworthy, in that it is an accurate binding of a public key to a person’s identity because — (i) the certificate was issued by a licensed certification authority operating in compliance with the regulations made under section 42; (ii) the certificate was issued by a certification authority outside Brunei Darussalam recognised for this purpose by the Controller pursuant to requirements made under section 43; (iii) the certificate was issued by a department or ministry of the Government, an organ of State or a statutory body or corporation approved by the Minister to act as a certification authority on such conditions as he may by regulations impose or specify; or (iv) the parties have expressly agreed between themselves (sender and recipient) to use digital signatures as a security procedure, and the digital signature was properly verified by reference to the sender’s public key.

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