Section 7: Electronic signatures and related certificates
42.This section provides for the admissibility of electronic signatures and related certificates in legal proceedings.
43.It will be for the court to decide in a particular case whether an electronic signature has been correctly used and what weight it should be given (e.g. in relation to the authentication or integrity of a message) against other evidence. Some businesses have contracted with each other about how they are to treat each other's electronic communications. Section 7 does not cast any doubt on such arrangements.
44.Subsection (1) allows an electronic signature, or its certification, to be admissible as evidence in respect of any question regarding the authenticity or integrity of an electronic communication or data. Authenticity and integrity are both defined in section 15(2):
references to the authenticity of any communication or data are references to any one or more of the following—
(i)whether the communication or data comes from a particular person or other source;
(ii)whether it is accurately timed and dated;
(iii)whether it is intended to have legal effect.
references to the integrity of any communication or data are references to whether there has been any tampering with or other modification of the communication or data.
45.Subsection (2) defines an electronic signature for the purposes of the section.
46.Subsection (3) explains what is meant by certified in this context.
