Act 7 Electronic Signatures Act 2011 19. Presumptions in adjudicating disputes. In adjudicating a dispute involving a digital signature, a court shall presume— (a) that a certificate digitally signed by a licensed certification service provider and— (i) published in a recognised repository; or (ii) made available by the issuing licensed certification service provider or by the subscriber listed in the certificate, is issued by the licensed certification service provider 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 service provider issuing the certificate is accurate; (c) that where the public key verifies a digital signature listed in a valid certificate issued by a licensed certification service provider— (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— (aa) has breached a duty as a subscriber; or (ab) does not rightfully hold the private key used to affix the digital signature; and (d) that a digital signature was created before it was timestamped by a recognised date or time stamp service utilising a trustworthy system. 21

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