16
Where 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, where -
20.
(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 on grounds that (i)
the certificate was issued by a licensed certification
authority;
(ii)
the certificate was issued by a certification authority outside
Mauritius recognised for this purpose by the Controller;
(iii)
the certificate was issued by a public sector agency
approved by the Minister to act as a certification authority on
such conditions as he may impose; or
(iv)
the originator and the addressee have expressly agreed to
use a digital signature as a security procedure, and the
digital signature was properly verified by reference to the
public key of the originator.
Presumptions regarding certificates
It shall be presumed, unless evidence to the contrary is adduced, that any
information, other than information identified as subscriber information which has
not been verified, set out in a certificate issued by a licensed certification
authority and accepted by the subscriber, is correct.
21.
Unreliable digital signatures
Unless otherwise provided for in any enactment or agreement, a person
relying on a digitally signed electronic record shall assume the risk that the digital
signature is invalid as a signature or authentication of the signed electronic
record, where reliance on the digital signature is not reasonable under the
circumstances having regard to (a)
any fact which the person relying on the digitally signed electronic
record knows or has notice of, including a fact set out in the
certificate or incorporated in it by reference;
(b)
the value or importance of the digitally signed electronic record, if
known;