Chapter V:Secure Electronic Records And Secure Digital Signatures
- 1. Secure electronic records
- Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
- 2. Secure digital signature
- If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was-
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- (a) unique to the subscriber affixing it;
- (b) capable of identifying such subscriber;
- (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated. then such digital signature shall be deemed to be a secure digital signature.
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- 3. Security procedure
- The Central Government shall for the purpose of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including-
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- (a) the nature of the transaction;
- (b) the level of sophistication of the parties with reference to their technological capacity;
- (c) the volume of similar transactions engaged in by other parties;
- (d) the availability of alternatives offered to but rejected by any party;
- (e) the cost of alternative procedures; and
- (f) the procedures in general use for similar types of transactions or communications.
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