Act 7 4. Electronic Signatures Act PART II—ELECTRONIC SIGNATURES. 2011 Compliance with a requirement for a signature. (1) Where the law requires a signature of a person, that requirement is met in relation to a data message if an electronic signature is used which is as reliable as was appropriate for the purpose for which the data message was generated or communicated, in light of all the circumstances, including any relevant agreement. (2) Subsection (1) applies whether the requirement referred to in that subsection in the form of an obligation or whether the law simply provides consequences for the absence of a signature. (3) An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in subsection (1) if— (a) the signature creation data are, within the context in which they are used, linked to the signatory and to no other person; (b) the signature creation data were, at the time of signing, under the control of the signatory and of no other person; (c) any alteration to the electronic signature, made after the time of signing, is detectable; and (d) where a purpose of legal requirement for a signature is to provide assurance as to the integrity of the information to which it relates, any alteration made to that information after the time of signing is detectable. (4) Subsection (3) does not limit the liability of any person— (a) to establish in any other way, for the purpose of satisfying the requirement referred to in subsection (1),the reliability of an electronic signature; or (b) to adduce evidence of the non-reliability of an electronic signature. 12