Electronic Transactions Act, 2008 Certifying Agency 30.  (1)  The National Information Technology Agency established under National Information Technology Agency Act 2008 (Ac 771) shall facilitate the establishment of the Certifying Agency under this Act. (2)  The Certifying Agency shall maintain a website and provide information at the website in accordance with this Act. Functions of the Certifying Agency 31.  The functions of the Agency are to: (a) issue licences for encryption and authentication service; (b) monitor the conduct, system and operation of encryption and authentication service providers to ensure compliance with conditions of the licence, and the provisions of this Act; (c) suspend a licence of a licence holder; (d) revoke a licence of a licence holder; and (e) appoint an independent auditing firm to conduct periodic audits of a licence holder to ensure compliance with conditions of the licence and this Act. Revocation or suspension of licence 32.  (1)  The Agency may suspend or revoke a licence if it is satisfied that the authentication service provider has failed or ceased to meet any of the requirements, conditions or restrictions subject to which the licence was granted or recognition was given. (2)  The Agency shall not suspend or revoke a licence unless it has (a) notified the licence holder in writing of its intention to do so, (b) given a description of the alleged breach, and (c) afforded the licensed holder the opportunity to (i) respond to the allegations in writing, and (ii) remedy the alleged breach. (3)  The Agency may suspend a licence with immediate effect for a period not exceeding ninety days pending implementation of the procedures required to remedy the breach where there is the likelihood of irreparable harm to consumers or third parties involved in an electronic transaction. (4)  A licence holder may surrender the licence to the Agency subject to the provisions of the licence and third party rights. (5)  The Agency shall publish the suspension or revocation of a licence in the Gazette. Surrender of licence 16

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