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Secure Electronic Records and Secure Digital Signatures

14. Secure electronic record.

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.

15. 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-

  • unique to the subscriber affixing it.
  • capable of identifying such subscriber.
  • 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.

16. Security procedure.

The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including-

  • the nature of the transaction.
  • the level of sophistication of the parties with reference to their technological capacity.
  • the volume of similar transactions engaged in by other parties.
  • the availability of alternatives offered to but rejected by any party.
  • the cost of alternative procedures, and
  • the procedures in general use for similar types of transactions or communications.