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Digital Signature Act 1997 [Act 562]

Part VI   cite [+]

REPOSITORIES AND DATE/TIME STAMP SERVICES

68 Recognition of repositories   cite [+]

(1) The Commission may recognize one or more repositories, after determining that a repository to be recognized satisfies the requirements prescribed in the regulations made under this Act.

(2) The procedure for recognition of repositories shall be as may be prescribed by regulations made under this Act.

(3) The Commission shall publish a list of recognized repositories in such form and manner as it may determine.

69 Liability of repositories   cite [+]

(1) Notwithstanding any disclaimer by the repository or any contract to the contrary between the repository and a licensed certification authority or a subscriber, a repository shall be liable for a loss incurred by a person reasonably relying on a digital signature verified by the public key listed in a suspended or revoked certificate, if loss was incurred more than one business day after receipt by the repository of a request to publish notice of the suspension or revocation, and the repository had failed to publish the notice when the person relied on the digital signature.

(2) Unless waived, a recognized repository or the owner or operator of a recognized repository-

(a) shall not be liable for failure to record publication of a suspension or revocation, unless the repository has received notice of publication and one business day has elapsed since the notice was received;

(b) shall not be liable under subsection (1) in excess of the amount specified in the certificate as the recommended reliance limit;

(c) shall not be liable under subsection (1) for-

(i) punitive or exemplary damages; or

(ii) damages for pain or suffering;

(d) shall not be liable for misrepresentation in a certificate published by a certification authority;

(e) shall not be liable for accurately recording or reporting information which a licensed certification authority, a court or the Commission has published as required or permitted under this Act, including information about the suspension or revocation of a certificate; and

(f) shall not be liable for reporting information about a certification authority, a certificate or a subscriber, if such information is published as required or permitted under this Act or is published by order of the Commission in the performance of its licensing and regulatory duties under this Act.

70 Recognition of date/time stamp services   cite [+]

(1) The Commission may recognize one or more date/time stamp services, after determining that a service to be recognized satisfies the requirements prescribed in the regulations made under this Act.

(2) The procedure for recognition of date/time stamp services shall be as may be prescribed by regulations made under this Act.

(3) The Commission shall publish a list of recognized date/time stamp services in such form and manner as it may determine.


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