Electronic Commerce Act, 2000

Documents under seal.

16.—(1) If by law or otherwise a seal is required to be affixed to a document (whether the requirement is in the form of an obligation or consequences flow from a seal not being affixed) then, subject to subsection (2), that requirement is taken to have been met if the document indicates that it is required to be under seal and it includes an advanced electronic signature, based on a qualified certificate, of the person or public body by whom it is required to be sealed.

(2) An advanced electronic signature based on a qualified certificate may be used as provided in subsection (1) only—

(a) where the document to be under seal is required or permitted to be given to a public body or to a person acting on behalf of a public body and the public body consents to the use of an electronic signature but requires that it be in accordance with particular information technology and procedural requirements (including that a qualified certificate on which it is based be issued by an accredited certification service provider)— if the public body's requirements have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and

(b) where the document to be under seal is required or permitted to be given to a person who is neither a public body nor acting on behalf of a public body— if the person to whom it is required or permitted to be given consents to the use of an advanced electronic signature based on a qualified certificate.