Act 7 Electronic Signatures Act 2011 (c) it was created in a manner or using a means under the sole control of the person using it, that cannot be readily duplicated or compromised; (d) it is linked to the electronic record to which it relates in such a manner that if the record was changed to electronic signature would be invalidated; (e) the signatory can reliably protect his or her signature creation data from unauthorised access. 12. Presumptions relating to secure and advanced electronic signatures. (1) In any civil proceedings involving a secure electronic record, it shall be presumed, unless the contrary is proved, that the secure or advanced electronic record has not been altered since the specific point in time to which the secure status relates. (2) In any civil proceedings involving a secure or advanced electronic signature, the following shall be presumed unless the contrary is proved— (a) the secure or advanced electronic signature is the signature of the person to whom it correlates; and (b) the secure or advanced electronic signature was affixed by that person with the intention of signing or approving the electronic record. (3) In the absence of a secure or advanced electronic signature, nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or an electronic signature. (4) The effect of presumptions provided in this section is to place on the party challenging the genuineness of a secure or advanced electronic signature both the burden of going forward with evidence to rebut the presumption and the burden of persuading the court of the fact that the non-existence of the presumed fact is more. 17

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