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The Information Technology Act, 2000
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CHAPTER V : SECURE ELECTRONIC RECORDS AND SECURE DIGITAL SIGNATURES
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14. | Secure electronic record.
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| Where any security procedure has been applied to an electronic record at a specific point of time. then such record shall be deemed to be a secure electronic record from such point of time to the time of verification.
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15. | Secure digital signature.
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| If, by application of a security procedure agreed to by the parties concerned, it can be verified that a digital signature, at the time it was affixed, was
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(a) | unique to the subscriber affixing it;
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(b) | capable of identifying such subscriber;
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(c) | created in a manner or using a means under the exclusive control of the subscriber and is linked to the electronic record to which it relates in such a manner that if the electronic record was altered the digital signature would be invalidated,
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| then such digital signature shall be deemed to be a secure digital signature.
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| The Central Government shall for the purposes of this Act prescribe the security procedure having regard to commercial circumstances prevailing at the time when the procedure was used, including —
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(a) | the nature of the transaction;
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(b) | the level of sophistication of the parties with reference to their technological capacity;
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(c) | the volume of similar transactions engaged in by other parties;
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(d) | the availability of alternatives offered to but rejected by any party;
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(e) | the cost of alternative procedures; and
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(f) | the procedures in general use for similar types of transactions or communications.
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