Act 7 Electronic Signatures Act 2011 (a) that digital signature is verified by reference to the public key listed in a valid certificate issued by a licensed certification service provider; (b) that digital signature was affixed by the signer with the intention of signing the message; and (c) the recipient has no knowledge or notice that the signer— (i) has breached a duty as a subscriber; or (ii) does not rightfully hold the private key used to affix the digital signature. (2) Notwithstanding any written law to the contrary— (a) a document signed with a digital signature in accordance with this Act shall be as legally binding as a document signed with a handwritten signature, an affixed thumbprint or any other mark; and (b) a digital signature created in accordance with this Act shall be taken to be a legally binding signature. (3) Nothing in this Act shall preclude a symbol from being valid as a signature under any other applicable law. 15. Unreliable digital signatures. (1) Unless otherwise provided by law or contract, the recipient of a digital signature assumes the risk that a digital signature is forged, if reliance on the digital signature is not reasonable under the circumstances. (2) Where the recipient decides not to rely on a digital signature under this section, the recipient shall promptly notify the signer of its determination not to rely on a digital signature and the grounds for that determination. 19

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