L R E S: Egal Ecognition of Lectronic Ignatures

Section 11. Original.
- Where the law requires that a document be presented or retained in its

original form, that requirement is met by an electronic document or electronic data message if –
a. There exists a reliable assurance as to the integrity of the electronic document or
electronic data message from the time when it was first generated in its final form and
such integrity is shown by evidence aliunde (that is, evidence other than the electronic
data message itself) or otherwise; and
b. The electronic document or electronic data message is capable of being displayed to the
person to whom it is to be presented.
c. For the purposes of paragraph (a) above:
i. The criteria for assessing integrity shall be whether the information has remained
complete and unaltered, apart from the addition of any endorsement and any
change which arises in the normal course of communication, storage and display;
and
ii. The standard of reliability required shall be assessed in the light of the purpose for
which the information was generated and in the light of all relevant circumstances.
An electronic data message or electronic document meeting and complying with the
requirements of Sections 6 or 7 of the Act shall be the best evidence of the agreement and
transaction contained therein.
Section 12. Solemn Contracts. - No provision of the Act shall apply to vary any and all
requirements of existing laws and relevant judicial pronouncements respecting formalities
required in the execution of documents for their validity. Hence, when the law requires that a
contract be in some form in order that it may be valid or enforceable, or that a contract is proved
in a certain way, that requirement is absolute and indispensable.
LEGAL RECOGNITION OF ELECTRONIC SIGNATURES
Section 13. Legal Recognition of Electronic Signatures. An electronic signature relating to an

electronic document or electronic data message shall be equivalent to the signature of a person
on a written document if the signature:
a. Is an electronic signature as defined in Section 6(g) of these Rules; and
b. Is proved by showing that a prescribed procedure, not alterable by the parties interested
in the electronic document or electronic data message, existed under which:
i. A method is used to identify the party sought to be bound and to indicate said
party’s access to the electronic document or electronic data message necessary
for his consent or approval through the electronic signature;
ii. Said method is reliable and appropriate for the purpose for which the electronic
document or electronic data message was generated or communicated, in the light
of all circumstances, including any relevant agreement;
iii. It is necessary for the party sought to be bound, in order to proceed further with
the transaction, to have executed or provided the electronic signature; and,
iv. The other party is authorized and enabled to verify the electronic signature and to
make the decision to proceed with the transaction authenticated by the same.
v. The parties may agree to adopt supplementary or alternative procedures provided
that the requirements of paragraph (b) are complied with.
For purposes of subparagraphs (i) and (ii) of paragraph (b), the factors referred to in Annex
“2” may be taken into account.
Section 14. Presumption Relating to Electronic Signatures. - In any proceeding involving an

electronic signature, the proof of the electronic signature shall give rise to the rebuttable
presumption that:
a. The electronic signature is the signature of the person to whom it correlates; and
b. The electronic signature was affixed by that person with the intention of signing or
approving the electronic data message or electronic document unless the person relying
on the electronically signed electronic data message or electronic document knows or has
notice of defects in or unreliability of the signature or reliance on the electronic signature
is not reasonable under the circumstances.
MODES OF AUTHENTICATION
Section 15. Method of Authenticating Electronic Documents, Electronic Data Messages, and
Electronic Signatures. - Electronic documents, electronic data messages and electronic
signatures, shall be authenticated by demonstrating, substantiating and validating a claimed
identity of a user, device, or another entity in an information or communication system.
Until the Supreme Court, by appropriate rules, shall have so provided, electronic
documents, electronic data messages and electronic signatures, shall be authenticated, among
other ways, in the following manner:
a. The electronic signature shall be authenticated by proof that a letter, character, number
or other symbol in electronic form representing the persons named in and attached to or
logically associated with an electronic data message, electronic document, or that the
appropriate methodology or security procedures, when applicable, were employed or
adopted by a person and executed or adopted by such person, with the intention of
authenticating or approving an electronic data message or electronic document;
b. The electronic data message or electronic document shall be authenticated by proof that
an appropriate security procedure, when applicable was adopted and employed for the
purpose of verifying the originator of an electronic data message or electronic document,
or detecting error or alteration in the communication, content or storage of an electronic
document or electronic data message from a specific point, which, using algorithm or
codes, identifying words or numbers, encryptions, answers back or acknowledgement
procedures, or similar security devices.
Section 16. Burden of Authenticating Electronic Documents or Electronic Data Messages. - The
person seeking to introduce an electronic document or electronic data message in any legal
proceeding has the burden of proving its authenticity by evidence capable of supporting a finding
that the electronic data message or electronic document is what the person claims it to be.
MODES FOR ESTABLISHING INTEGRITY
Section 17. Method of Establishing the Integrity of an Electronic Document or Electronic Data
Message. In the absence of evidence to the contrary, the integrity of the information and
communication system in which an electronic data message or electronic document is recorded
or stored may be established in any legal proceeding, among other methods
a. By evidence that at all material times the information and communication system or other
similar device was operating in a manner that did not affect the integrity of the electronic
document or electronic data message, and there are no other reasonable grounds to doubt
the integrity of the information and communication system;
b. By showing that the electronic document or electronic data message was recorded or
stored by a party to the proceedings who is adverse in interest to the party using it; or
c. By showing that the electronic document or electronic data message was recorded or
stored in the usual and ordinary course of business by a person who is not a party to the
proceedings and who did not act under the control of the party using the record.

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Section 11. Original.

- Where the law requires that a document be presented or retained in its

LEGAL RECOGNITION OF ELECTRONIC SIGNATURES

Section 13. Legal Recognition of Electronic Signatures. An electronic signature relating to an

Section 14. Presumption Relating to Electronic Signatures. - In any proceeding involving an

MODES FOR ESTABLISHING INTEGRITY

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