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Legal Dictionary

Digital Signature Act 1997

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:

  1. whether the transformation was created using the private key that corresponds to the signer’s public key; and
  2. whether the message has been altered since the transformation was made;

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

  1. Short title and commencement
  2. Interpretation

PART II

THE COMMISSION AND THE LICENSING OF CERTIFICATION AUTHORITIES

<ol start=3>
  • 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

    <ol start=22>
  • 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

    <ol start=27>
  • 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

    <ol start=34>
  • Warranties to subscriber
  • Continuing obligations to subscriber
  • Representations upon issuance
  • Representations upon publication
  • CHAPTER 3

    REPRESENTATIONS AND DUTIES UPON ACCEPTANCE OF CERTIFICATE

    <ol start=38>
  • 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

    <ol start=43>
  • 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

    <ol start=46>
  • 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

    <ol start=53>
  • 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

    1. Expiration of certificate

    CHAPTER 8

    RECOMMENDED RELIANCE LIMITS AND LIABILITY

    1. Recommended reliance limit
    2. Liability limits for licensed certification authorities

    PART V

    EFFECT OF DIGITAL SIGNATURE

    <ol start=62>
  • 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

    <ol start=68>
  • Recognition of repositories
  • Liability of repositories
  • Recognition of date/time stamp services
  • PART VII

    GENERAL

    <ol start=71>
  • 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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