a
12
Electronic Transactioils Act, Na.
se
Electronic Transactions Act, No. 19 of 2006
19 of 2006
20.
(1) No person shall function as an accredited
Certification Service Provider unless be holds a valid
certificate of accreditation issued under the Sri Lanka
Accreditation Board for Conformity Assessment Act, No. 32
of 2005.
(2) in designating a Certification Authority the Minister
may by Order published im the Gazette, designate any
Government Department, Public Corporation, Statutory Body,
Institution, or authority or any branch or unit thereof which
shati be charged with the implementation of the provisions
of this Chapter ; the Minister shal! in making the Order take
into consideration the capacity of the Government
Department, Public Corporation, Statutory Body, institution
or authority to be designated in relation to its overall ability
provider to engage
19,
of
The Certification Authority
the Sri Lanka Accreditation Board for Conformity Assessment
Act, No. 32 of 2005, in keeping with the criteria for
shall have the power
accreditation specified by the Certification Authority under
paragraph (a) of section 19,
identify the criteria which will form the basis for
accreditation of Certification Service Providers and
CHAPTER V
the qualifications required by them ;
(b)
(c)
(d)
RuLes GOVERNING EvIDENCE
21. (1) Notwithstanding anything to the contrary in the
Evidence Ordinance or any other written law, the following
hear appeals and specify the procedure to be followed
in the granting of accreditation for the purposes of
this Act ;
provisions of this section shall be applicable for the purposes
Of this Act.
specify the procedure for the hearing of appeals in
(2} Any information contained in a data message, or any
the event of a refusal to grant or renew accreditation
under section 20, as the case may be;
electronic
issue licences or any other form of authorisation to
Certification Service Providers to provide prescribed
electronic
record
or
other
(a)
touching any fact in issue or relevant fact ; and
(b)
compiled, received or obtained during the course of
any
business, trade or profession or other regularly
conducted activity,
«
require Certification Service Providers ta maintain
shall be admissible in any proceedings :
from time to time call for information as may be
Provided that, direct oral evidence of such fact in issue or
relevant fact if available, shall be admissible ; and there is no
such records and registers as may be prescribed ;
reason to believe that the information contained in a data
message, or any electronic document, electronic record or
other communication is unreliable or inaccurate :
necessary from Certification Service Providers and
-issue directions to such Certification Service
Providers,
=e
(f
document,
communication—
Services ;
(e)
in the business of providing certification
(3) A certificate of accreditation to a Certification Service
Provider may be granted in eccordance with, provisions of
to-—
(a)
Service
Providers.
services without being accredited.
Certification Service Providers.
Certification
Authority,
Accreditation of
Certification
(2) Nothing in this Act shall be construed as impeding or
in any way restricting the rights of any certification service
to discharge the obligations under this Act in ensuring the
proper functioning of certification services by accredited
Powers
13
Apphcabitity of
ihe Rules of
Evidence,