5/5/2015
The Electronic Transactions Act, 2007
Chapter IV
Digital Signature and Cogency
Legal effect of digital signature
1. The legal effect of the digital signature shall not be denied with respect to its validity and the
possibility of its being acted upon merely for its being set out totally or partially in an
electronic form .
2. Where the law requires the signature of a document, or entails a legal effect for its being
bereft of signature, then where an electronic record is used in this respect, the digital
signature thereon shall satisfy the requirements of this Act .
3. Where, with respect to any proceedings, a digital signature is produced accompanied by an
approved certificate to any person such signature shall be equivalent to his hand signature ,
where :
1. a mechanism is used to determine the identity of such person, and prove his assent to
the information set out in the electronic data message;
2. such mechanism is dependable, to an extent appropriate to purpose for which the
electronic data message is initiated, in the light of the circumstance, including any other
agreement connected with such person .
Where the electronic signature is not placed by the use of an approved certificate, the presumption
of validity, prescribed under the provisions of the preceding subsection, shall not affect any of the
electronic signature or record .
Secrecy of information
1. Data of the electronic signature, electronic mediums and information presented to the body
licensed to issue electronic licence certificates are secret, and whoever they have been
presented thereto, or come to his knowledge by virtue of his work, shall not disclose the
same to others, or use them otherwise than for the purpose for which they have been
presented .
2. The provider of service having the system of data processing shall take the steps and
procedure for protection of information by all means and available technologies.
Legal effect of electronic records
1. The legal effect of the information, set out in electronic records, shall not be denied, as to its
validity, and the possibility of action thereupon, merely for being set out totally, or partially, in
the form of an electronic record, or being referred thereto in such record.
2. Where the law requires that information shall be reduced into writing, or entails a legal effect
for nonabidance by the same; then setting out the information in an electronic record shall
satisfy the requirements of this Act; on condition that such information shall be capable of
access thereto and retrievable subsequently , by way of dissimination , printing, or otherwise.
3. Where the law requires that the information, presented to another person, shall be reduced
into writing; then presentation thereof, in the form of an electronic record, shall satisfy this
purpose, where the following conditions are present:
1. the addressee is enabled access to such information, and retrieval thereof
subsequently, whether by way of dissimination, printing or otherwise;
2. the addressee is enabled to preserve such information, in such way, as may enable the
addressee to ascertain the origin of the data message, its destination, and the date and
time of its arrival, sending and receipt.
4. Regard, in assessment of cogency of the electronic record in evidence shall, upon dispute as
to its soundness, be had to the following:
1. the extent of trust in the way, in the which the electronic record has been initiated,
saved, or dissiminated;
2. the extent of trust in the way in which, the electronic record has been signed;
3. the extent of trust in the way, which is used to preserve the soundness of the
information, included in the electronic record;
http://www.cbos.gov.sd/en/print/440
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