Date: June 26, 2008 - 8 pm
Category: Advice, eTransactions, Free, Guides, Information Security, Signatures
On Wednesday 20 June 2007 the Minister of Communications published the Accreditation Regulations in terms of section 41, read with section 94 of the Electronic Communications and Transactions Act, 25 of 2002 (ECT Act). The Accreditation Authority (AA) is responsible for assessing and granting applications to have certain electronic signatures accredited as “advanced” electronic signatures (AeS – not to be confused with the same abbreviation which stands for Advanced Encryption Standard).
SIGNATURE
In order to understand what an AeS is and why we have it, it is necessary firstly to understand that transactions can roughly be divided into 2 categories:
- where documents are signed out of choice in order to give the parties some legal certainty and
- where documents are signed because the law says they will not be regarded as having legal force unless they are signed.
As a general proposition, most transactions fall into the first category as a signature is not often required by South African law in order to give legal validity to a transaction. It is the parties to the transaction who often themselves decide to sign a document for a variety of different reasons which are probably all in one way or another related to wanting certainty of one kind or another.
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