Summary

This document discusses the attribution, acknowledgment, and despatch of electronic records. It outlines the procedures involved, including specific timing for the receipt of records. It also covers the different security procedures applied to electronic records.

Full Transcript

# Attribution, Acknowledgment & Despatch of Electronic Records ## Section 13 (1) The despatch of an electronic record occurs when it enters a computer resource outside the control of the originator of the record. (2) The time of receipt of an electronic record occurs: (a) When the record en...

# Attribution, Acknowledgment & Despatch of Electronic Records ## Section 13 (1) The despatch of an electronic record occurs when it enters a computer resource outside the control of the originator of the record. (2) The time of receipt of an electronic record occurs: (a) When the record enters the designated computer resource of the addressee, if the addressee has designated a computer resource along with specific timings; or (b) When the record enters a computer resource of the addressee, if the addressee has not designated a computer resource along with specific timings, if any. (3) Save as otherwise agreed to between the originator and the addressee, an electronic record is deemed to be despatched at the place where the originator has his place of business, and is deemed to be received at the place where the addressee has his place of business. (4) The provisions of sub-section (2) shall apply notwithstanding that the place where the computer resource is located may be different from the place where the electronic record is deemed to have been received under sub-section (3). (5) For the purposes of this section: (a) If the originator or the addressee has more than one place of business, the principal place of business shall be the place of business; (b) If the originator or the addressee does not have a place of business, his usual place of residence shall be deemed to be the place of business; (c) “Usual place of residence” in relation to a body corporate, means the place where it is registered. ## Section 14 Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 15 If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was— (a) unique to the subscriber affixing it; (b) capable of identifying such subscriber; (c) created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated, then such digital signature shall be deemed to be a secure digital signature. ## Section 16 The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including— (a) the nature of the transaction; (b) the level of sophistication of the parties with reference to their technological capacity; (c) the volume of similar transactions engaged in by other parties; (d) the availability of alternatives offered to but rejected by any party; (e) the cost of alternative procedures; and (f) the procedures in general use for similar types of transactions or communications. # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14 # Secure Electronic Records & Secure Digital Signatures ## Chapter 5 # Secure Electronic Records and Secure Digital Signatures # Section 14 ## 14. Secure electronic record. Where any security procedure has been applied to an electronic record at a specific point of time, then such record shall be deemed to be a secure electronic record from such point of time to the time of verification. ## Section 14

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