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CMA Foundation · Fundamentals of Business Laws and Business Communication · E-Contracts and E-Signature - Meanings and Requirements

Under the Information Technology Act, 2000, when is an electronic signature deemed to be a secure electronic signature?

An electronic signature is a secure electronic signature when the signature creation data was under the signatory's exclusive control, and no one else's, at the time of affixing, and was stored and affixed in the prescribed exclusive manner. Shared control defeats this.

  1. AWhen the signature creation data, at the time of affixing the signature, was under the exclusive control of the signatory and no other person, and was stored and affixed in the prescribed exclusive mannerCorrect
  2. BWhen the signature is typed at the end of an email by the sender
  3. CWhen the signature creation data is shared with the signatory's employer for safekeeping
  4. DWhen the signature has been published in a public repository

Explanation

Section 15 deems an electronic signature secure only if the signature creation data was under the exclusive control of the signatory and no other person at the time of affixing, and was stored and affixed in the prescribed exclusive manner. Sharing the data with an employer defeats the exclusivity requirement.

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