(c) Any alteration to the electronic signature, made after the time of signing, is detectable and

(b) To adduce evidence of the non reliability of an electronic signature.

(a) To take reasonable steps to verify the reliability of an electronic signature or

(b) Where an electronic signature is supported by a certificate, to take reasonable steps

(a) To the geographic location where the certificate is issued or the electronic signature created or used or

In our view, setting up a test of reliability that is independent of the will of the parties and independent of the fact of signature creates uncertainty about the validity of an electronic signature.

3. An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in paragraph 1 if

Would you sign her the program of this afternoon's concert?

The provision in paragraph 3 (b), however, would allow the court to consider the circumstances in which the signature had been affixed, thereby permitting something that fell short of a digital signature.

Consequently, two Finance Officer posts (P 3) and one Accounting Assistant (General Service (Other level)) post are proposed to strengthen the capacity of the Section to respond to the exceptional growth in workload and to ensure proper oversight, follow up and attainment of goals specified in the results based budgeting framework.

Paragraph 3 (b) of article 9 contains a requirement that the method of signing must be as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement in order for the electronic signature to be legally valid.

Paragraph 3 (a) provides that only an electronic signature that fulfils both the function of identification of the party as well as the function of indicating that party's approval of the information contained in the electronic communication meets that legal requirement of a signature in relation to an electronic communication.

(a) To establish in any other way, for the purpose of satisfying the requirement referred to in paragraph 1, the reliability of an electronic signature or

In addition, an e learning programme for OIOS staff has been implemented.

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The objective was to ensure that, if an electronic signature fulfilled the functions described in draft article 9, paragraph 3 (a), a party could not challenge the validity of that signature on the grounds of non reliability.

They were needed, inter alia, to assist States that were enacting new laws in determining what criteria an electronic signature had to fulfil in order to be equivalent to a handwritten signature and also to encourage the use of new technology.

This comment relates to subparagraph 9 (3)(b), the requirement that an electronic signature method must be as reliable as was appropriate for the purpose for which the data message was generated or communicated, in the light of all the circumstances. In our view, this reliability test will do more harm than good.

1. In determining whether, or to what extent, a certificate or an electronic signature is legally effective, no regard shall be had

Draft paragraph 3 (b) was not intended to confer legal validity on an electronic signature but simply to make it the functional equivalent of a handwritten signature.

(Signed) Somsavath LENGSAVAD (Signed) NORODOM SIRIVUDH

UNDP Inter Agency Procurement Services Office (IAPSO) already has an advanced e procurement platform.

(Signed) Lawrence SYLVESTER (Signed) Julio Armando MARTINI HERRERA

Silvestre SIALE BILEKA Juan MICHA NSEU NFUMU

The purpose of the draft convention was to indicate how a single set of rules of law should best be interpreted in the field of electronic communications and not to create a legal entity, an electronic signature, with a separate status from a handwritten signature.

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(Signed) Ricardo CASTANEDA CORNEJO (Signed) Erich VILCHEZ ASHER

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