ASEAN ELECTRONIC COMMERCE LEGISLATION COMPARISON TABLE (version dated 1 Dec 2000)
MATRIX
UNCITRAL
Title Model law on Electronic Commerce (EC)
Draft Model Law on Electronic Signatures (ES)
Scope Art 1 EC
This Law applies to any kind of information in the
form of a data message used in the context of
commercial activities.
Art 1 ES
These Rules apply where electronic signatures are used
in the context of commercial activities. They do not
override any rule of law intended for the protection of
consumers.
Note: The term “commercial” should be given a wide
interpretation so as to cover matters arising from all
relationships of a commercial nature, whether
contractual or not. Relationships of a commercial
nature include, but are not limited to, the following
transactions: any trade transaction for the supply of
exchange of goods or services; distribution agreement;
commercial representation or agency; factoring;
leasing; construction of works; consulting;
engineering; licensing; investment; financing; banking;
insurance; exploitation agreement or concession; joint
venture and other forms of industrial or business co-
operation; carriage of goods or passengers by air, sea,
rail or road.
Definition of Draft s 2 ES
electronic “Electronic Signature” means data in electronic form
signature/digital in, affixed to, or logically associated with, a data
signature message, which may be used to identify the signatory
in relation to the data message and indicate the
signatory’s approval of the information contained in
the data message.
Note: ES is not PKI-specific
Definition of Art 2 EC (data message)
electronic record/ Draft Art 2 ES (data message)
data message Means information generated, sent, received or stored
by electronic, optical or similar means including, but
not limited to, electronic data interchange (EDI),
electronic mail, telegram, telex or telecopy
Effect of Art 7 EC
electronic/digital (1) Where the law requires a signature of a person,
signatures that requirement is met in relation to a data
message if:
(a) a method is used to identify that person and
to indicate that person’s approval of the
information contained in the data message;
and
(b) that method is as reliable as was appropriate
for the purpose for which the data message
Singapore
Electronic Transactions Act (1998)
S4
Parts II and IV shall not apply to any rule of law
requiring writing or signatures in any of the following
matters:
i. the creation or execution of a will;
ii. negotiable instruments;
iii. the creation, performance or enforcement of
an indenture, declaration of trust or power
of attorney with the exception of
constructive and resulting trusts;
iv. any contract for the sale or other disposition
of immovable property, or any interest in
such property;
v. the conveyance of immovable property or
the transfer of any interest in immovable
property;
vi. documents of title.
S 2 (electronic signature)
Any letters, characters, numbers or other symbols in
digital form attached to or logically associated with an
electronic record, and executed or adopted with the
intention of authenticating or approving the electronic
record
S 2 (digital signature)
Electronic signature consisting of a transformation of
an electronic record using an asymmetric cryptosystem
and a hash function such that a person having the initial
untransformed electronic record and the signer’s public
key can accurately determine –
(a) whether the transformation was created using the
private key that corresponds to the signer’s public
key; and
(b) whether the initial electronic record has been
altered since the transformation was made
S 2 (electronic record)
Means a record generated, communicated, received or
stored by electronic, magnetic, optical or other means
in an information system or for transmission from one
information system to another.
S8
Where a rule of law requires a signature, or provides
for certain consequences if a document is not signed,
an electronic signature satisfies that rule of law.
Brunei
Electronic Transactions Order (2000)
S4
Parts II and IV shall not apply to any rule of law
requiring writing or signatures in any of the following
matters:
vii. [the creation of any legal instrument or
document under any written law relating to
Islamic law];
viii. [the creation or execution of a will under any
written law relating to a will];
ix. negotiable instruments;
x. the creation, performance or enforcement of
an indenture, declaration of trust or power of
attorney with the exception of constructive
and resulting trusts;
xi. any contract for the sale or other disposition
of immovable property, or any interest in
such property;
xii. the conveyance of immovable property or the
transfer of any interest in immovable
property;
xiii. documents of title.
S 2 (electronic signature)
Any letters, characters, numbers or other symbols in
digital form attached to or logically associated with an
electronic record, and executed or adopted with the
intention of authenticating or approving the electronic
record
S 2 (digital signature)
Electronic signature consisting of a transformation of an
electronic record using an asymmetric cryptosystem and
a hash function such that a person having the initial
untransformed electronic record and the signer’s public
key can accurately determine –
(a) whether the transformation was created using the
private key that corresponds to the signer’s public
key; and
(b) whether the initial electronic record has been
altered since the transformation was made
S 2 (electronic record)
Means a record generated, communicated, received or
stored by electronic, magnetic, optical or other means in
an information system or for transmission from one
information system to another.
S8
Where a rule of law requires a signature, or provides for
certain consequences if a document is not signed, an
electronic signature satisfies that rule of law.
Thailand
Electronic Transactions Bill (Draft)
S3
This Act shall apply to civil and commercial
transactions made by a data message, exception the
transaction the legal nature of which does not
admit of its application, as prescribed in the Royal
Decree.
An application, permission, registration,
administrative order or the performance of any act
under the law with a State agency shall, if made in
the form of a data message in accordance with the
rules and procedures prescribed by the Royal
Decree, fall under the application of this Act and
shall be deemed to have the same legal effect as
the performance of the act in accordance the rules
and procedures provided by the law on that
particular matter. For this purpose, the Royal
Decree may also require a State agency to issue
rules prescribing details in certain cases.
S 4 (electronic signature)
Letters, characters, numbers, sound or any other
symbols created by an electronic means and
attached to a data message for establishing the
association of a particular person with the data
message the purposes of identifying the signatory
and indicating that such person has approved and
agreed to be bound by such data message
Note: Not PKI-specific
S 4 (data messages)
Means information generated, sent, received,
stored or processed by an electronic means such as
electronic data interchange, electronic mail,
telegram, telex or facsimile.
S8
In a case where a person is to enter a signature in
any writing, it shall be deemed that a data message
bears a signature if:
(1) a method is used which is capable of
identifying the signatory and indicating that
the signatory has approved the information
contained in the data message as being his or
her own; and
(2) such method is as reliable as was appropriate
Malaysia
Digital Signatures Act (1997)
[Scope not expressly circumscribed. By
implication, Act applies to all classes of
transactions]
Also, see ss 62 & 64.
S 2 (digital signature)
Means the transformation of a message using
an asymmetric cyptosystem such that a person
having the initial message and the signer’s
public key can accurately determine –
(a) whether the transformation was created
using the private key that corresponds to
the signer’s public key; and
(b) whether the message has been altered
since the transformation was made
Note: electronic signature undefined
S 2 (message)
Means a digital representation of information
S 62
(1) Where a rule of law requires a signature
or provides for certain consequences in
the absence of a signature, that rule shall
be satisfied by a digital signature where –
(a) that digital signature is verified by
reference to the public key listed in
a valid certificate issued by a
licensed certification authority;
(b) that digital signature was affixed by
Philippines
Electronic Commerce Act (2000)
S4
This Act shall apply to any kind of electronic
data message and electronic document used in
the context of commercial and non-
commercial activities to include domestic and
international dealings, transactions,
arrangements, agreements, contracts and
exchanges and storage of information.
S 5 (electronic signature)
Any distinctive mark, characteristic and/or
sound in electronic form, representing the
identity of a person and attached to or logically
associated with the electronic data message or
any methodology or procedures employed by a
person and executed or adopted by such
person with the intention of authenticating or
approving an electronic document
S5
(electronic data message)
Refers to information generated, sent, received
or stored by electronic, optical or similar
means.
(electronic document)
Refers to information or the representation of
information, data, figures, symbols or other
modes of written expression, described or
however represented, by which a right is
established or an obligation extinguished, or
by which a fact may be proved and affirmed,
which is received, recorded, transmitted,
stored, processed, retrieved or produced
electronically.
S8
An electronic signature on the electronic
document shall be equivalent to the signature
of a person on a written document if the
signature is an electronic signature and proved
by showing that a prescribed procedure, not
alterable by the parties interested in the
electronic document, existed under which –
(a) a method is used to identify the party
sought to be bound and to indicate said
 UNCITRAL
Title Model law on Electronic Commerce (EC)
Draft Model Law on Electronic Signatures (ES)
was generated or communicated, in the light
of all the circumstances, including any
relevant agreement.
Art 6 ES
(1) Where the law requires a signature of a person,
that requirement is met in relation to a data
message if an electronic signature is used which
is as reliable as was appropriate for the purpose
for which the data message was generated or
communicated, in the light of all the
circumstances, including any relevant agreement.
(2) An electronic signature is considered to be
reliable for the purpose of satisfying the
requirement referred to in paragraph (1) if:
(a) the means of creating the signature is,
within the context in which it is used, linked
to the signatory and to no other person;
(b) the means of creating the electronic
signature was, at the time of signing, under
the control of the signatory and of no other
person;
(c) any alteration to the electronic signature,
made after the time of signing, is detectable;
and
(d) where a purpose of the legal requirement
for a signature is to provide assurance as to
the integrity of the information to which it
relates, any alteration made to that
information after the time of signing is
detectable.
Effect of Art 6 EC
electronic record/ (1) Where the law requires information to be in
data message writing, that requirement is met by a data
message if the information contained therein is
accessible so as to be usable for subsequent
reference.
Definition of Art 7 UR
secure electronic (1) [Any person, organ or authority, whether public
signature or private, specified by the enacting State as
competent] may determine which electronic
signatures satisfy the provisions of Art 6.
Singapore
Electronic Transactions Act (1998)
S7
Where a rule of law requires information to be written,
in writing, to be presented in writing or provides for
certain consequences if it is not, an electronic record
satisfies that rule of law if the information contained
therein is accessible so as to be usable for subsequent
reference.
S 17
If, through the application of a prescribed security
procedure or a commercially reasonable security
procedure agreed to by the parties involved, it can be
verified that an electronic signature was, at the time it
Brunei Thailand Malaysia Philippines
Electronic Transactions Order (2000) Electronic Transactions Bill (Draft) Digital Signatures Act (1997) Electronic Commerce Act (2000)
for the purpose for which the data message the signor with the intention of party’s access to the electronic document
was generated or sent, having regard to signing the message; and necessary for his consent or approval
surrounding circumstances or an agreement (c) the recipient has no knowledge or through the electronic signature;
between the parties. notice that the signer – (b) Said method is reliable and appropriate
(i) has breached a duty as a for the purpose for which the electronic
subscriber; or document was generated or
(ii) does not rightfully hold the communicated, in the light of all
private key used to affix the circumstances, including any relevant
digital signature. agreement;
(c) It is necessary for the party sought to be
bound, in order to proceed further with
the transaction, to have executed or
provided the electronic signature; and
(d) The other party is authorised and enabled
to verify the electronic signature and to
make the decision to proceed with the
transaction authenticated by the same.
S7 S7 S 64 S7
Where a rule of law requires information to be written, Subject to the provisions of section 8, in the case (1) A message shall be valid, enforceable Electronic documents shall have the legal
in writing, to be presented in writing or provides for where the law requires that any transaction be and effective as if it had been written on effect, validity or enforceability as any other
certain consequences if it is not, an electronic record made in writing or evidenced by writing or paper if – document or legal writing, and –
satisfies that rule of law if the information contained supported by a document which must be produced, (a) It bears in its entirety a digital (a) where the law requires a document to be
therein is accessible so as to be usable for subsequent if the information is generated in the form of a data signature; and in writing, that requirement is met by an
reference. message which is accessible by reading and (b) that digital signature is verified by electronic document if the said electronic
convertible into the information usable for the public key listed in a certificate document maintains its integrity and
subsequent reference, it shall be deemed that such which – reliability and can be authenticated so as
information is already made in writing, evidenced (i) was issued by licensed to be usable for subsequent reference, in
by writing or supported by a duly produced certification authority; and that –
document. (ii) was valid at the time the (i) the electronic document
digital signature was created. has remained complete
and unaltered, apart
from the addition of any
endorsement and any
authorised change, or
any change which arises
in the normal course of
communication, storage
and display; and
(ii) the electronic document
is reliable in the light of
the purpose for which it
was generated and in the
light of all relevant
circumstances.
a. Paragraph (a) applies whether
the requirement therein is in
the form of an obligation or
whether the law simply
provides consequences for the
document not being presented
or retained in its original
form.
S 17 S 33 - -
If, through the application of a prescribed security The following electronic signatures shall be
procedure or a commercially reasonable security deemed secure electronic signatures:
procedure agreed to by the parties involved, it can be (1) an electronic signature as prescribed in the
verified that all electronic signature was, at the time it Royal Decree under s 24;
 UNCITRAL Singapore
Title Model law on Electronic Commerce (EC) Electronic Transactions Act (1998)
Draft Model Law on Electronic Signatures (ES)
(2) Any determination made under paragraph (1) was made –
shall be consistent with recognised international (i) unique to the person using it;
standards. (ii) capable of identifying such person;
(iii) created in a manner or using a means under
[Purpose of article 7 is to make it clear that an enacting the sole control of the person using it; and
State may designate an organ or authority that will (iv) linked to the electronic record to which it
have the power to make determinations as to what relates in a manner such that if the record
specific technologies may benefit from the was changed the electronic signature would
presumptions or substantive rule established under be invalidated
article 6.]
Definition of - S 16
secure electronic If a prescribed security procedure or a commercially
record reasonable security procedure agreed to by the parties
involved has been properly applied to an electronic
record to verify that the electronic record has not been
altered since a specific point in time, such record shall
be treated as a secure electronic record from such
specific point in time to the time of verification.
Presumptions - S 18(2)
relating to secure In any proceedings involving a secure electronic
electronic signature, it shall be presumed, unless evidence to the
signature contrary is adduced, that –
(a) the secure electronic signature is the signature of
that person to whom it correlates; and
(b) the secure electronic signature was affixed by that
person with the intention of signing or approving
the electronic record
Presumptions - S 18(1)
relating to secure In any proceedings involving a secure electronic
electronic record, it shall be presumed, unless evidence to the
records contrary is adduced, that the secure electronic record
has not been altered since the specific point in time to
which the secure status relates.
Presumptions - S 21
relating to It shall be presumed, unless evidence to the contrary is
certificates adduced, that the information (except for information
identified as subscriber information which has not been
verified) listed in a certificate issued by a licensed
certification authority is correct if the certificate was
accepted by the subscriber.
Brunei
Electronic Transactions Order (2000)
was made –
(v) unique to the person using it;
(vi) capable of identifying such person;
(vii) created in a manner or using a means under
the sole control of the person using it; and
(viii) is linked to the electronic record to which it
relates in a manner such that if the record
was changed the electronic signature would
be invalidated
S 16
If a prescribed security procedure or a commercially
reasonable security procedure agreed to by the parties
involved has been properly applied to an electronic
record to verify that the electronic record has not been
altered since a specified point in time, such record shall
be treated as a secure electronic record from such
specific point in time to the time of verification.
S 18(2)
In any proceedings involving a secure electronic
signature, it shall be presumed, unless evidence to the
contrary is adduced, that –
(c) the secure electronic signature is the signature of
that person to whom it correlates; and
(d) the secure electronic signature was affixed by that
person with the intention of signing or approving
the electronic record
S 18(1)
In any proceedings involving a secure electronic
record, it shall be presumed, unless evidence to the
contrary is adduced, that the secure electronic record has
not been altered since the specific point in time to which
the secure status relates.
S 21
It shall be presumed, unless evidence to the contrary is
adduced, that the information listed in a certificate
issued by a licensed certification authority is correct,
except for information identified as subscriber
information which has not been verified, if the
certificate was accepted by the subscriber.
Thailand
Electronic Transactions Bill (Draft)
(2) where the originator and the addressee so
agree, an electronic signature which is
created under the sole control of a particular
originator at the time of its creation using the
creation method which makes a unique
linkage of such person with such electronic
signature
- -
S 34
If a secure electronic signature is used with any
data message, it shall be presumed that such data
message has not been altered as from the specific
point in time at which such secure electronic
signature was created and that such person has the
intention to treat the said electronic signature as his
or her own signature.
- certificate and confirmed by a licensed
Malaysia Philippines
Digital Signatures Act (1997) Electronic Commerce Act (2000)
-
S 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 recognised
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
-
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
recognised date/time stamp service
utilising a trustworthy system.
 UNCITRAL Singapore
Title Model law on Electronic Commerce (EC) Electronic Transactions Act (1998)
Draft Model Law on Electronic Signatures (ES)
Effect of digital Art 7 ES S 19
signature (3) [Any person, organ or authority, whether public The portion of an electronic record that is signed with a
or private, specified by the enacting State as digital signature shall be treated as a secure electronic
competent] may determine which electronic record if the digital signature is a secure electronic
signatures satisfy the provisions of Art 6. signature by virtue of section 20.
(4) Any determination made under paragraph (1)
shall be consistent with recognised international S 20
standards. When any portion of an electronic record is signed
with a digital signature, the digital signature shall be
[Purpose of article 7 is to make it clear that an enacting treated as a secure electronic signature with respect to
State may designate an organ or authority that will such portion of the record, if –
have the power to make determinations as to what (a) the digital signature was created during the
specific technologies may benefit from the operational period of a valid certificate and is
presumptions or substantive rule established under verified by reference to the public key listed in
article 6.] such certificate; and
(b) the certificate is considered trustworthy, in that it
is an accurate binding of a public key to a
person’s identify because –
(i) the certificate was issued by a licensed
certification authority operating in compliance
with the regulations made under s 42;
(ii) the certificate was issued by a certification
authority outside Singapore recognised for this
purpose by the Controller pursuant to
regulations made under s 43;
(iii) the certificate was issued by a department or
ministry of the Government, an organ of State
or a statutory corporation approved by the
Minister to act as a certification authority on
such conditions as he may by regulations
impose or specify; or
(iv) the parties have expressly agreed between
themselves (sender and recipient) to use digital
signatures as a security procedure, and the
digital signature was properly verified by
reference to the sender’s public key.
Registration/ - Voluntary
Licensing of CAs
Brunei Thailand Malaysia Philippines
Electronic Transactions Order (2000) Electronic Transactions Bill (Draft) Digital Signatures Act (1997) Electronic Commerce Act (2000)
S 19 S 33 Note: Dealt with above. -
The portion of an electronic record that is signed with a The following electronic signatures shall be
digital signature shall be treated as a secure electronic deemed secure electronic signatures… an
record if the digital signature is a secure electronic electronic signature as prescribed in the Royal
signature by virtue of section 20. Decree under s 24.
S 20
When any portion of an electronic record is signed with
a digital signature, the digital signature shall be treated
as a secure electronic signature with respect to such
portion of the record, if –
(a) the digital signature was created during the
operational period of a valid certificate and is
verified by reference to the public key listed in
such certificate; and
(b) the certificate is considered trustworthy, in that it is
an accurate binding of a public key to a person’s
identify because –
(i) the certificate was issued by a licensed
certification authority operating in
compliance with the regulations made under
s 42;
(ii) the certificate was issued by a certification
authority outside Brunei Darussalam
recognised for this purpose by the Controller
pursuant to regulations made under s 43;
(iii) the certificate was issued by a department or
ministry of the Government, an organ of State
or a statutory corporation approved by the
Minister to act as a certification authority on
such conditions as he may by regulations
impose or specify; or
(iv) the parties have expressly agreed between
themselves (sender and recipient) to use
digital signatures as a security procedure, and
the digital signature was properly verified by
reference to the sender’s public key.
Voluntary Voluntary unless otherwise directed Mandatory unless exempted. ?
S 35 S4 S 29
A person may operate as a certification authority (1) No person shall carry on or operate, or … Among other things, the DTI is empowered
except that in the case where it is necessary for hold himself out as carrying on or to promulgate rules and regulations, as well as
strengthening reliability and trustworthiness in data operating, as a certification authority provide quality standards or issue
message systems or for preventing loss to the unless that person holds a valid licence certifications, as the case may be, and perform
public, the Commission may make a issued under this Act. such other functions as may be necessary for
recommendation for issuance of a Royal Decree the implementation of this Act in the area of
requiring the operation of certification services in (3) The Minister may, on an application in electronic commerce…
any particular case to be subject to prior writing being made in accordance with
notification, registration or licence. this Act, exempt –
(a) a person operating as a certification
authority within an organisation
where certificates and key pairs are
issued to members of the
organisation for internal use only;
and
(b) such other person or class of
persons as the Minister considers
fit, from the requirements of this
section.
 UNCITRAL
Title Model law on Electronic Commerce (EC)
Draft Model Law on Electronic Signatures (ES)
Recognition of Art 12 ES
foreign (1) In determining whether, or to what extent, a
certificates/ certificate or an electronic signatESe is legally
Electronic effective, no regard shall be had to:
signatures (a) The geographic location where the
certificate is issued or the electronic
signatESe created or used; or
(b) the geographic location of the place of
business of the issuer or signatory.
(2) A certificate issued outside [the enacting State]
shall have the same legal effect in [the enacting
State] as a certificate issued in [the enacting
State] if it offers a substantially equivalent level
of reliability.
(3) An electronic signatESe created or used outside
[the enacting State] shall have the same legal
effect in [the enacting State] if it offers a
substantially equivalent of reliability.
(4) In determining whether a certificate or an
electronic signature offers a substantially
equivalent level of reliability for the purposes of
paragraphs (2) or (3), regard shall be had to
recognised international standards and to any
other relevant factors.
(5) Where, notwithstanding paragraphs (2), (3) and
(4), parties agree, as between themselves, to the
use of certain types of electronic signatures or
certificates, that agreement shall be recognised as
sufficient for the purposes of cross-border
recognition, unless that agreement would not be
valid or effective under applicable law.
Legal Liability of - S 45
Licensed CAs
Singapore
Electronic Transactions Act (1998)
S 43
The Minister may, by regulations, provide that the
Controller may recognise certification authorities
outside Singapore that satisfy the prescribed
requirements for any of the following purposes:
(a) the recommended reliance limit, if any, specified
in a certificate issued by the certification
authority;
(b) the presumptions referred to in sections 20(b)(ii)
and 21.
[Note: Regulations have yet to be drawn up]
Unless a licensed certification authority waives the
application of this section, a licensed certification
authority –
(a) shall not be liable for any loss caused by reliance
on a false or forged digital signature of a
subscriber, if, with respect to the false or forged
digital signature, the licensed certification
authority complied with the requirements of this
Act;
(b) shall not be liable in excess of the amount
specified in the certificate as its recommended
reliance limit for either –
(i) a loss caused by reliance on a
misrepresentation in the certificate of any
fact that the licensed certification authority
is required to confirm; or
(ii) failure to comply with sections 29 and 30
in issuing the certificate.
[See s 44 on Recommended Reliance Limit]
Brunei
Electronic Transactions Order (2000)
S 43
The Minister may, by regulations, provide that the
Controller may recognise certification authorities
outside Brunei Darussalam that satisfy the prescribed
requirements for any of the following purposes:
(a) the recommended reliance limit, if any, specified
in a certificate issued by the certification authority;
(b) the presumptions referred to in sections 20(b)(ii)
and 21.
S 45
Unless a licensed certification authority waives the
application of this section, a licensed certification
authority –
(a) shall not be liable for any loss caused by reliance
on a false or forged digital signature of a
subscriber, if, with respect to the false or forged
digital signature, the licensed certification
authority complied with the requirements of this
Order;
(b) shall not be liable in excess of the amount
specified in the certificate as its recommended
reliance limit for either –
(i) a loss caused by reliance on a
misrepresentation in the certificate of any fact
that the licensed certification authority is
required to confirm; or
(ii) failure to comply with sections 29 and 30 in
issuing the certificate.
[See s 44 on Recommended Reliance Limit]
Thailand
Electronic Transactions Bill (Draft)
S 38
A foreign certificate shall be deemed to have the
same effect as that given to a certificate issued
under this Act provided that a trustworthy system
which is no less reliable than the trustworthy
system under this Act is issued in the issuance of
such foreign certificate and that the issuance is in
accordance with the rules and procedures
prescribed by the Commission.
S 39
An electronic signature created and supported by a
foreign certificate under section 38 shall be
deemed to have the same effect as that given to an
electronic signature supported by a certificate
under this Act.
- S 61
Malaysia Philippines
Digital Signatures Act (1997) Electronic Commerce Act (2000)
S 19 -
(1) The controller may recognise, by order
published in the Gazette, certification
authorities licensed or otherwise
authorised by governmental entities
outside Malaysia that satisfy the
prescribed requirements.
(2) Where a licence or other authorisation of
a governmental entity is recognised
under subsection (1), -
(a) the recommended reliance limit, if
any, specified in a certificate issued
by the certification authority
licensed or otherwise authorised by
the governmental entity shall have
effect in the same manner as a
recommended reliance limit
specified in a certificate issued by a
licensed certification authority of
Malaysia; and
(b) Part V shall apply to the certificates
issued by the certification authority
licensed or otherwise authorised by
the governmental entity in the same
manner as it applies to a certificate
issued by a licensed certification
authority of Malaysia.
Note: see also rr 71 – 76 Digital Signature
Regulations 1998
-
Unless a licensed certification authority
waives the application of this section, a
licensed certification authority –
(a) shall not be liable for any loss caused by
reliance on a false or forged digital
signature of a subscriber, if, with respect
to the false or forged digital signature,
the licensed certification authority
complied with the requirements of this
Act;
(b) shall not be liable in excess of the
amount specified in the certificate as its
recommended reliance limit for either –
(i) a loss caused by reliance on a
misrepresentation in the certificate
of any fact that the licensed
certification authority is required to
confirm; or
(ii) failure to comply with sections 29
and 30 in issuing the certificate; and
(c) shall not be liable for –
(i) punitive or exemplary damages; or
(ii) damages for pain or suffering.
[See s 60 on Recommended Reliance Limit]