Legal Definition of Digital Signature Act 1997
Further reading
Digital Signature Act (Act 562) 1997 in Malaysia is an Act to make provision for, and to regulate the use of, digital signatures and to provide for matters connected therewith.
In the Act, digital signature means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine:
- whether the transformation was created using the private key that corresponds to the signer’s public key; and
- whether the message has been altered since the transformation was made;
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
- Short title and commencement
- Interpretation
PART II
THE COMMISSION AND THE LICENSING OF CERTIFICATION AUTHORITIES
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Appointment of Commission
Certification authorities to be licensed
Qualifications of certification authorities
Functions of licensed certification authorities
Application for licence
Grant or refusal of licence
Revocation of licence
Appeal
Surrender of licence
Effect of revocation, surrender or expiry of licence
Effect of lack of licence
Return of licence
Restricted licence
Restriction on use of expression "certification authority"
Renewal of licence
Lost licence
Recognition of other licences
Performance audit
Exemption from performance audit
PART III
REQUIREMENTS OF LICENSED CERTIFICATION AUTHORITIES
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Activities of licensed certification authorities
Requirement to display licence
Requirement to submit information and particulars relating to business operations
Notification of change of information
Requirements as to advertisement
PART IV
DUTIES OF LICENSED CERTIFICATION AUTHORITIES
AND SUBSCRIBERS
CHAPTER 1
GENERAL REQUIREMENTS FOR LICENSED CERTIFICATION AUTHORITIES
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Use of trustworthy systems
Disclosures on inquiry
Prerequisites to issuance of certificate to subscriber
Publication of issued and accepted certificate
Adoption of more rigorous requirements permitted
Suspension or revocation of certificate for faulty issuance
Suspension or revocation of certificate by order
CHAPTER 2
WARRANTIES AND OBLIGATIONS OF LICENSED
CERTIFICATION AUTHORITIES
Section
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Warranties to subscriber
Continuing obligations to subscriber
Representations upon issuance
Representations upon publication
CHAPTER 3
REPRESENTATIONS AND DUTIES UPON ACCEPTANCE
OF CERTIFICATE
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Implied representations by subscriber
Representations by agent of subscriber
Disclaimer or indemnity limited
Indemnification of licensed certification authority by subscriber
Certification of accuracy of information given
CHAPTER 4
CONTROL OF PRIVATE KEY
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Duty of subscriber to keep private key secure
Property in private key
Licensed certification authority to be fiduciary if holding subscriber’s private key
CHAPTER 5
SUSPENSION OF CERTIFICATE
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Suspension of certificate by issuing licensed certification authority
Suspension of certificate by Commission or court
Notice of suspension
Termination of suspension initiated by request
Alternate contractual procedures
Prohibition against false or unauthorized request for suspension of certificate
Effect of suspension of certificate
CHAPTER 6
REVOCATION OF CERTIFICATE
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Revocation on request
Revocation on subscriber’s death or dissolution
Revocation of unreliable certificates
Notice of revocation
Effect of revocation request on subscriber
Effect of notification on licensed certification authority
CHAPTER 7
EXPIRATION OF CERTIFICATE
- Expiration of certificate
CHAPTER 8
RECOMMENDED RELIANCE LIMITS AND LIABILITY
- Recommended reliance limit
- Liability limits for licensed certification authorities
PART V
EFFECT OF DIGITAL SIGNATURE
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Satisfaction of signature requirements
Unreliable digital signatures
Digitally signed message deemed to be written document
Digitally signed message deemed to be original document
Authentication of digital signatures
Presumptions in adjudicating disputes
PART VI
REPOSITORIES AND DATE/TIME STAMP SERVICES
Section
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Recognition of repositories
Liability of repositories
Recognition of date/time stamp services
PART VII
GENERAL
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Prohibition against dangerous activities
Obligation of secrecy
False information
Offences by body corporate
Authorized officer
75A. Enforcement by police officers
Power to investigate
Search by warrant
Search and seizure without warrant
Access to computerized data
List of things seized
Obstruction of authorized officer
Additional powers
General penalty
Recovery of procedural costs
No costs or damages arising from seizure to be recoverable
Institution and conduct of prosecution
Jurisdiction to try offences
Protection of Commission and officers
Power to exempt
Limitation on disclaiming or limiting application of Act
Regulations
Savings and transitional
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