34
Presumptions
regarding
digital
signature
certificates
Unreliable
digital
signatures
Electronic Transactions
No. 33
(b) the public key of the signatory has the same identity as the
certificate based on the fact that__
(i) the digital signature certificate was issued by a competent
licensed certification authority;
(ii) the digital signature certificate was issued by a certification authority outside Malawi recognized for this purpose by
the Authority;
(iii) the digital signature certificate was issued by an organ
licensed by the Authority to act as a certification authority in
accordance with this Act ; and
(iv) the sender and the recipient have expressly agreed
between themselves to use digital signatures as a security
procedure, and the digital signature was properly verified by
reference to the sender's public key.
47. Except for information identified as subscriber information
which has not been verified, any other information included in a
digital signature certificate issued by a licensed certification
authority shall be deemed correct if the subscriber accepted the
digital signature certificate, unless evidence to the contrary is
adduced.
48.__(1) Unless otherwise provided for by any written law or
contract, a person relying on a digitally signed electronic message
shall bear the risk that the digital signature is invalid as a signature
or authentication of the signed electronic message, if reliance on the
digital signature is not reasonable under the circumstances having
regard to the following factors__
(a) acts which the person relying on the digitally signed
electronic message knows or has notice of, including all facts
listed in the digital signature certificate or incorporated in it by
reference;
(b) the value or importance of the digital signed electronic
message, if known;
(c) the course of dealing between the person relying on the
digital signed electronic message and the subscriber and any
available indication of reliability or unreliability apart from the
digital signature; and
Reliance on
digital
signature and
certificate
(d) any usage of trade, particularly trade conducted by
trustworthy systems or other electronic means.
49. A person who relies on a digital signature shall be deemed
to have relied on a valid certificate containing the public key by
which the digital signature may be verified.