42
Laws of Malaysia
ACT 562
Presumptions in adjudicating disputes
67. In adjudicating a dispute involving a digital signature, a
court shall presume—
(a) that a certificate digitally signed by a licensed certification
authority and—
(i) published in a recognized repository; or
(ii) made available by the issuing licensed certification
authority or by the subscriber listed in the certificate,
is issued by the licensed certification authority which
digitally signed it and is accepted by the subscriber listed
in it;
(b) that the information listed in a valid certificate and
confirmed by a licensed certification authority issuing
the certificate is accurate;
(c) that where a digital signature is verified by the public
key listed in a valid certificate issued by a licensed
certification authority—
(i) that digital signature is the digital signature of the
subscriber listed in that certificate;
(ii) that digital signature was affixed by that subscriber
with the intention of signing the message; and
(iii) the recipient of that digital signature has no
knowledge or notice that the signer—
(A) has breached a duty as a subscriber; or
(B) does not rightfully hold the private key used
to affix the digital signature; and
(d) that a digital signature was created before it was
time-stamped by a recognized date/time stamp service
utilizing a trustworthy system.
PART VI
REPOSITORIES AND DATE/TIME STAMP SERVICES
Recognition of repositories
68. (1) The Commission may recognize one or more repositories,
after determining that a repository to be recognized satisfies the
requirements prescribed in the regulations made under this Act.