LAWtrust was recently accredited by the Department of Communications as an Authorised Service Partner in terms of the Electronic Communications and Transaction (ECT) Act of 2002 for the provision of advanced electronic signatures. Thus, using a digital certificate issued by LAWtrust is now deemed, in terms of the ECT Act, to be an advanced electronic signature (AeSign).
Although an advanced electronic signature has similar functionality to a wet signature, it is considered to be at a higher trust level than even a wet signature that has been independently witnessed.
In practice, an AeSign is regarded as being a valid electronic signature and to have been applied properly, unless the contrary is proved. The implications are that:
* Where the signature of a person is required by law, and such law does not specify the type of signature, that requirement in relation to a data message is met only if an AeSign is used.
* Where a law requires a signature, statement or document to be notarised, acknowledged, verified or made under oath, that requirement is met if the advanced electronic signature of the person authorised to perform those acts is attached to, incorporated in or logically associated with the electronic signature or data message.
* Where a law requires or permits a person to provide a certified copy of a document and the document exists in electronic form, that requirement is met if the person provides a printout certified to be a true reproduction of the document or information.
* Where a law requires or permits a person to provide a certified copy of a document and the document exists in paper or other physical form, that requirement is met if an electronic copy of the document is certified to be a true copy thereof and the certification is confirmed by the use of an advanced electronic signature.
Other implications are that:
* A party that relies on receiving data with an AeSign will automatically be notified on opening that data whether any changes have occurred since its original creation, thus verification is now a rapid process and bodes well for the future of risk mitigation.
* Problematic paper processes caused by, for instance, time delays, geographic distance, illness or vacations can now be properly handled electronically. Typical examples could include board resolutions and minutes.
“The accreditation process for LAWtrust includes an annual audit that is significantly more rigorous than a conventional financial audit and ensures that the various tasks that need to be undertaken to produce an AeSign certificate are not performed by a single person, ie a segregation of duties with no one individual allowed to do everything in the process,” commented Maeson Maherry, Solutions Director at LAWtrust.
“As the Accredited Service Provider, LAWtrust will take care of all the complexities of maintaining a legally trustworthy environment. Thus, businesses can focus on where best to start utilising AeSigns to increase productivity and the efficiencies in signature processes.
“The advent of AeSigns is a major milestone, and organisations and individuals now need to understand and embrace this 'new world'. Change is often a stumbling block, but since this one has very few, if any, negatives, taking advantage of the positives will rapidly prove beneficial,” concluded Maherry
For further information, please contact Christi Peens; tel. (012) 676 9240; fax (012) 665 3997; e-mail christi@lawtrust.co.za.
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LAWtrust
LAWtrust, a member of the LAW Holdings Group, is the security partner of choice for organisations in the areas of cryptographic-based security such as digital certificates, PKI, digital signing, encryption, integrity and non-repudiation. In this regard, it has relationships with many international vendors, and using these and its own locally developed products, create effective solutions to complex security needs and is noted for its prompt delivery of the relevant solutions, ie it is a specialist applications security integrator.
LAWtrust is the first Department of Communications accredited Authentication Service Provider in South Africa, under the requirements of the ECT Act of 2002, for the provision of Advanced Electronic Signatures. The accreditation of authentication products and services allows the electronic signatures of such products and services to qualify as advanced electronic signatures (AeSigns); thus, using a digital certificate issued by LAWtrust is now deemed, in terms of this Act, to be an advanced electronic signature.
LAWtrust is rated as a level 2 contributor BBBEE company and includes customers in both the public and private sectors such as the largest departments in central government and the 'Big Six' banks.
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