LAWS OF MALAYSIA


ACT 562
DIGITAL SIGNATURE ACT 1997 [REPRINT 2002]
Incorporating latest amendment - A1121/2001
Date of Royal Assent : 18th June 1997
Date of publication in the Gazette : 30th June 1997
Date of coming into operation:1st October 1998 [P.U.(B) 397/98]
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ARRANGEMENT OF SECTIONS
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Long Title & Preamble

PART I - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Interpretation.

PART II - THE COMMISSION AND THE LICENSING OF CERTIFICATION AUTHORITIES

Section 3. Appointment of Commission.
Section 4. Certification authorities to be licensed.
Section 5. Qualifications of certification authorities.
Section 6. Functions of licensed certification authorities.
Section 7. Application for licence.
Section 8. Grant or refusal of licence.
Section 9. Revocation of licence.
Section 10. Appeal.
Section 11. Surrender of licence.
Section 12. Effect of revocation, surrender or expiry of licence.
Section 13. Effect of lack of licence.
Section 14. Return of licence.
Section 15. Restricted licence.
Section 16. Restriction on use of expression "certification authority".
Section 17. Renewal of licence.
Section 18. Lost licence.
Section 19. Recognition of other licences.
Section 20. Performance audit.
Section 21. Exemption from performance audit.

PART III - REQUIREMENTS OF LICENSED CERTIFICATION AUTHORITIES

Section 22. Activities of licensed certification authorities.
Section 23. Requirement to display licence.
Section 24. Requirement to submit information and particulars relating to business operations.
Section 25. Notification of change of information.
Section 26. Requirements as to advertisement.

PART IV - DUTIES OF LICENSED CERTIFICATION AUTHORITIES AND SUBSCRIBERS

CHAPTER 1 - General requirements for licensed certification authorities

Section 27. Use of trustworthy systems.
Section 28. Disclosures on inquiry.
Section 29. Prerequisites to issuance of certificate to subscriber.
Section 30. Publication of issued and accepted certificate.
Section 31. Adoption of more rigorous requirements permitted.
Section 32. Suspension or revocation of certificate for faulty issuance.
Section 33. Suspension or revocation of certificate by order.

CHAPTER 2 - Warrants and obligation of licensed certification authorities

Section 34. Warranties to subscriber.
Section 35. Continuing obligations to subscriber.
Section 36. Representations upon issuance.
Section 37. Representations upon publication.

CHAPTER 3 - Representation and duties upon acceptance or certificate

Section 38. Implied representations by subscriber.
Section 39. Representations by agent of subscriber.
Section 40. Disclaimer or indemnity limited.
Section 41. Indemnification of licensed certification authority by subscriber.
Section 42. Certification of accuracy of information given.

CHAPTER 4 - Control in private key

Section 43. Duty of subscriber to keep private key secure.
Section 44. Property in private key.
Section 45. Licensed certification authority to be fiduciary if holding subscriber's private key.

CHAPTER 5 - Suspension of certificate

Section 46. Suspension of certificate by issuing licensed certification authority.
Section 47. Suspension of certificate by Commission or court.
Section 48. Notice of suspension.
Section 49. Termination of suspension initiated by request.
Section 50. Alternate contractual procedures.
Section 51. Prohibition against false or unauthorized request for suspension of certificate.
Section 52. Effect of suspension of certificate.

CHAPTER 6 - Revocation of certificate

Section 53. Revocation on request.
Section 54. Revocation on subscriber's death or dissolution.
Section 55. Revocation of unreliable certificates.
Section 56. Notice of revocation.
Section 57. Effect of revocation request on subscriber.
Section 58. Effect of notification on licensed certification authority.

CHAPTER 7 - Expiration of certificate

Section 59. Expiration of certificate.

CHAPTER 8 - Recommended reliance limits and liability

Section 60. Recommended reliance limit.
Section 61. Liability limits for licensed certification authorities.

PART V - EFFECT OF DIGITAL SIGNATURE

Section 62. Satisfaction of signature requirements.
Section 63. Unreliable digital signatures.
Section 64. Digitally signed message deemed to be written document.
Section 65. Digitally signed message deemed to be original document.
Section 66. Authentication of digital signatures.
Section 67. Presumptions in adjudicating disputes.

PART VI - REPOSITORIES AND DATE/TIME STAMP SERVICES

Section 68. Recognition of repositories.
Section 69. Liability of repositories.
Section 70. Recognition of date/time stamp services.

PART VII - GENERAL

Section 71. Prohibition against dangerous activities.
Section 72. Obligation of secrecy.
Section 73. False information.
Section 74. Offences by body corporate.
Section 75. Authorized officer.
Section 75A. Enforcement by police officers.
Section 76. Power to investigate.
Section 77. Search by warrant.
Section 78. Search and seizure without warrant.
Section 79. Access to computerized data.
Section 80. List of things seized.
Section 81. Obstruction of authorized officer.
Section 82. Additional powers.
Section 83. General penalty.
Section 84. Recovery of procedural costs.
Section 85. No costs or damages arising from seizure to be recoverable.
Section 86. Institution and conduct of prosecution.
Section 87. Jurisdiction to try offences.
Section 88. Protection of Commission and officers.
Section 89. Power to exempt.
Section 90. Limitation on disclaiming or limiting application of Act.
Section 91. Regulations.
Section 92. Savings and transitional.

Note: Savings and transitional [Act A1121].

LIST OF AMENDMENTS