- (d) linked to the electronic record to which it relates in a manner such that if the record was changed the electronic signature would be invalidated,
such signature shall be treated as a secure electronic signature.
(2) Whether a security procedure is commercially reasonable shall be determined in accordance with section 17(2).
Presumptions relating to secure electronic records and signatures
19.—(1) In any proceedings involving a secure electronic record, it shall be presumed, unless evidence to the contrary is adduced, that the secure electronic record has not been altered since the specific point in time to which the secure status relates.
(2) In any proceedings involving a secure electronic signature, it shall be presumed, unless evidence to the contrary is adduced, that—
- (a) the secure electronic signature is the signature of the person to whom it correlates; and
- (b) the secure electronic signature was affixed by that person with the intention of signing or approving the electronic record.
(3) In the absence of a secure electronic record or a secure electronic signature, nothing in this Part shall create any presumption relating to the authenticity and integrity of the electronic record or electronic signature.
PART IV
REGULATION OF SPECIFIED SECURITY PROCEDURES AND SPECIFIED SECURITY PROCEDURE PROVIDERS
Interpretation of this Part
20.—(1) In this Part, “designated person” means any member of a class of specified security procedure providers specified in the Fourth Schedule.
(2) For the avoidance of doubt, a reference to this Part shall include a reference to the Second, Third and Fourth Schedules.
