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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

A lender's analytics platform generates loan agreements in electronic form. A law requires that such information be 'in writing' and that it be authenticated by signature. Which reading of the Information Technology Act, 2000 is correct?

Section 4 treats a writing requirement as met when information is made available electronically and is accessible for later reference. Section 5 treats a signature requirement as met when authenticated by an electronic signature affixed in the manner prescribed by the Central Government.

  1. AThe writing requirement is met if the record is made available in electronic form and is accessible for subsequent reference; the signature requirement is met if authenticated by an electronic signature affixed in the manner prescribed by the Central GovernmentCorrect
  2. BBoth requirements are met merely by the record being in electronic form, with no condition on accessibility or manner of signing
  3. CThe writing requirement is met by electronic form, but no electronic authentication can ever satisfy a signature requirement
  4. DElectronic records satisfy the writing requirement only if also printed on paper

Explanation

Section 4 deems the writing requirement satisfied if the record is in electronic form and accessible so as to be usable for subsequent reference. Section 5 deems the signature requirement satisfied by an electronic signature affixed in the manner prescribed by the Central Government. Both carry conditions, so the second option is wrong.

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