8
Laws of Malaysia
Act 658
Part III
FULFILMENT OF LEGAL REQUIREMENTS
BY ELECTRONIC MEANS
Writing
8. Where any law requires information to be in writing, the
requirement of the law is fulfilled if the information is contained
in an electronic message that is accessible and intelligible so as
to be usable for subsequent reference.
Signature
9. (1) Where any law requires a signature of a person on a
document, the requirement of the law is fulfilled, if the document
is in the form of an electronic message, by an electronic signature
which—
(a) is attached to or is logically associated with the electronic
message;
(b) adequately identifies the person and adequately indicates
the person’s approval of the information to which the
signature relates; and
(c) is as reliable as is appropriate given the purpose for
which, and the circumstances in which, the signature
is required.
(2) For the purposes of paragraph (1)(c), an electronic signature
is as reliable as is appropriate if—
(a) the means of creating the electronic signature is linked
to and under the control of that person only;
(b) any alteration made to the electronic signature after the
time of signing is detectable; and
(c) any alteration made to that document after the time of
signing is detectable.
(3) The Digital Signature Act 1997 [Act 562] shall continue
to apply to any digital signature used as an electronic signature
in any commercial transaction.