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.