Act 7 Electronic Signatures Act 2011 77. Recognition of repositories. (1) The Controller may recognise one or more repositories, after determining that a repository to be recognised satisfies the requirements prescribed in the regulations made under this Act. (2) The procedure for recognition of repositories shall be as prescribed by regulations made under this Act. (3) The Controller shall publish a list of recognised repositories in such form and manner as he or she may determine. 78. Liability of repositories. (1) Notwithstanding any disclaimer by the repository or a contract to the contrary between the repository and a licensed certification service provider or a subscriber, a repository shall be liable for a loss incurred by a person reasonably relying on an electronic signature verified by the public key listed in a suspended or revoked certificate, if loss was incurred more than one business day after receipt by the repository of a request to publish notice of the suspension or revocation and the repository had failed to publish the notice when the person relied on the digital signature. (2) Unless waived, a recognised repository or the owner or operator of a recognised repository— (a) shall not be liable for failure to record publication of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received; (b) shall not be liable under subsection (1) in excess of the amount specified in the certificate as the recommended reliance limit; (c) shall not be liable for misrepresentation in a certificate published by a certification service provider; 45

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