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Mercantile Laws – II
Notes 14.2.6 Power to make Rules by Central Government in Respect of
Digital Signature
The Central Government may, for the purposes of this Act, by rules, prescribe-
the type of digital signature.
the manner and format in which the digital signature shall be affixed.
the manner or procedure which facilitates identification of the person affixing the digital
signature.
control processes and procedures to ensure adequate integrity, security and confidentiality
of electronic records or payments, and
any other matter which is necessary to give legal effect to digital signatures.
Self Assessment
State whether the following statements are true or false:
7. DSC is digital signature certificate.
8. A digital signature is legally valid.
9. A document signed with a digital signature can be considered as valid evidence.
14.3 Attribution, Acknowledgment and Dispatch of Electronic
Records
Details regarding the attribution and disintegration of dispatch of electronic records are discussed
below.
14.3.1 Attribution of Electronic Records
An electronic record shall be attributed to the originator -
if it was sent by the originator himself;
by a person who had the authority to act on behalf of the originator in respect of that
electronic record, or
by an information system programmed by or on behalf of the originator to operate
automatically.
14.3.2. Acknowledgment of Receipt
Where the originator has not agreed with the addressee that the acknowledgment of
receipt of electronic record be given in a particular form or by a particular method, an
acknowledgment may be given by -
any communication by the addressee, automated or otherwise, or
any conduct of the addressee, sufficient to indicate to the originator that the electronic
record has been received.
Where the originator has stipulated that the electronic record shall be binding only on
receipt of an acknowledgment of such electronic record by him, then unless
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