a data message or cannot be applied to a data message; or
(c) the purpose for requiring writing is in order to protect consumers.
Electronic signature
20. (1) A reference in any law, contract or any other legal instrument to a signature or
the signing of a document is construed to include a reference to a secure electronic signature,
unless –
(a) a contrary intention appears from the law or document concerned;
(b) the law in question provides for a process that is incompatible with the use of
a secure electronic signature;
(c) the requirement that the document must be in writing, is not construed to
include a data message as contemplated in section 19.
(2) Nothing in this section is construed as limiting the use of an electronic signature
that is not a secure electronic signature if parties agree to such use or if a law provides for
such use.
(3) The Minister may make regulations –
(a) prescribing the requirements for secure electronic signatures;
(b) prescribing a process for verifying that a secure electronic signature has been
applied by a specific person;
(c) prescribing any requirement or process for applying a secure electronic signature to any data message and prescribing a procedure or requirement for
determining whether a secure electronic signature has been applied to a spe20