Electronic 2 5 0 [ N o . 21 o f 2 0 0 9 Accreditation of authentication products and services and Communications Transactions 29. (1) The Accreditation Authority may accredit authentication products and services in support of advanced electronic signatures. (2) An application for accreditation shall be m a d e to t h e Accreditation Authority in the prescribed manner and form upon payment of the prescribed fee. (3) A person w h o falsely holds out any products or services as accredited by the Accreditation Authority under this Act, commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding one year, or to both. Criteria for accreditation 3 0 . (1) The A c c r e d i t a t i o n Authority shall not accredit a u t h e n t i c a t i o n p r o d u c t s or s e r v i c e s u n l e s s t h e A c c r e d i t a t i o n Authority is satisfied that an electronic signature to which the authentication products or services r e l a t e — (a) is uniquely linked to the user; (b) is capable of identifying the user; (c) is created using means that can be maintained under the sole control of the user; (d) will be linked to the data or data message to which it relates in such a manner that any subsequent change of the data or data message is detectable; and (e) is based on the face-to-face identification of the user. (2) For purposes of subsection (1), the Accreditation Authority shall h a v e r e g a r d to t h e f o l l o w i n g f a c t o r s in r e s p e c t o f an authentication service provider prior to accrediting authentication products or services: (a) the authentication service provider's financial and human resources, including the assets; (b) the quality of the hardware and software systems; (c) the procedures for the processing of products or services; (d) the availability of information to third parties relying on the authentication product or service; (e) the regularity and extent of audits by an independent body; (f) the factors referred to in subsection (4), where the products and services are rendered by a certification service provider; and (g) any other relevant factor as may be prescribed.

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