2- Where no agreement exists between the parties, the authentication procedure shall be
deemed acceptable according to sub-article (1) of this Article and Article (22) of this
law taking into consideration the circumstances relating to the parties especially:
(a)
The nature of the transaction.
(b)
The knowledge and experience of the parties.
(c)
The volume of similar transaction to which any or all of the parties is a party.
(d)
The existence of alternative procedures.
(e)
The cost of the alternative procedures
(f)
The deployed procedures in similar transactions
Article (22)
The electronic signature shall be considered protected and reliable on the ascertainment of the
followings:
(a)
The signature originating tool, in the course of its usage is limited to the
signatory and no other person.
(b)
The signature originating tool, was at the time of signing under the control of
the signatory and no other person.
(c)
That any alteration to the electronic signature after the time of signing is
discoverable.
(d)
That any alteration in the information related to the signature after the time of
signing is discoverable. However, any concerned person may adduce evidence
to prove that the electronic signature is reliable or not.
Article (23)
1- A person may rely on the electronic signature or the certificate to the extent that such
reliance is reasonable.
2- Where the approved party receives an electronic signature confirmed by certificate, it
is presumed that this party has verified the accuracy of the certificate and its
enforceability and that he relies only on the certificate as issued according to its
conditions.
3- For deciding whether the electronic signature or the certificate is reliable, the
following shall be observed:
(a)
The nature of the transaction intended to be confirmed by the electronic
signature or the certificate.
(b)
The value or the importance of the transaction if this is available.
(c)
That the party relying on the electronic signature or the certificate has taken
appropriate steps to decide whether such electronic signature or the certificate
is reliable.
(d)
Any previous agreement or transaction between the originator and the
approved party
(e)
Any other relevant factor.
Article (24)
The signatory, when using a signature originating tool, to have a signature of legal effect
shall:(a)
Exercise reasonable care to avoid unauthorized use of his signature originating
tool.
(b)
Without undue delay, use all means made available to him by the certification
service provider or use reasonable efforts to notify any person expected to rely
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