Volume 14 Number 3 (July to September 2003) - University of the ...

July - September 2003 National Administrative Register 1425
q. ìSignature creation device, method or technologyî refers to any device, method or
technology used to create an electronic signature in respect of which it can be shown,
through the use of a security procedure or method, that such signature (a) is unique to the
signer for the purpose for which it is used; (b) was created and affixed to the data message
by the signer or using a means under the sole control of the signer; and (c) was created and
is linked to the electronic data message to which it relates in a manner which provides
reliable assurance as to the integrity of the message.
r. ìSignerî means the person who uses, creates and affixes an electronic signature to an
electronic data message.
SECTION 4. Technological Neutrality - None of the provisons of these Rules shall be
applied so as to exclude, restrict, or deprive of legal effect any method of electronic signature
that satisfies the requirements referred to in Section 8 of the Act, or in Rule 5 of these
Rules which is as reliable as was appropriate for the purpose for which the data message
was generated or communicated, in the light of all the circumstances, including any relevant
agreement.
SECTION 5. Legal Recognition of Electronic Signatures - An electronic signature on
the electronic document shall be equivalent to the signature of a person on a written document
if that signature is proved by showing that a prescribed procedure, not alterable by the
parties interested in the electronic document, existed under which:
a. A method is used to identify the party sought to be bound and to indicate said
partyís access to the electronic document necessary for his consent or approval
through the electronic signature;
b. Said method is reliable and appropriate for the purpose for which the electronic
document was generated and communicated, in the light of all circumstances,
including any relevant agreement;
c. It is necessary for the party sought to be bound, in order to proceed further
with the transaction, to have executed or provided the electronic signature; and
d. The other party is authorized and enabled to verify the electronic signature,
and to make the decision to proceed with the transaction authenticated by the
same.
The parties may agree to adopt supplementary or alternative procedures provided that
the same are not contrary to law or public policy.
SECTION 6. Authority Signatures - None of the provisions of these Rules shall be
applied so as to exclude, disallow, or deprive electronic authority signatures, as defined in
Section 3 above, of legal effect and validity.
SECTION 7. Electronic Agents - A contract or other record relating to a transaction
may not be denied legal effect, validity, or enforceability solely because its formation, creation,
or delivery involved the action or operation of one or more electronic agents so long as
such electronic agent is under the control of, or its action or operation is legally attributable
to the person sought to be bound.