Who determines the circumstances under which digital signatures should be used for authenticating electronic communications and online interactions?
For example, who determines whether documents should be digitally signed or a userid/password authentication technology should be replaced by a digital signature requirement for accessing authorized resources or filling in and signing online forms? Answer: These are business decisions that should be made in accordance with the recommendations set out above and with due regard for any legal requirement that a signature be “in writing” where no applicable law equates a digital signature with a manual signature. For example, it could be either a personal decision or a departmental decision to sign email messages. Similarly, it would be a business decision to require the use of digital signature technology to access and use a University online form for requesting electronic reserves. No state or federal law or regulation affects either of these decisions (regarding signing the email or the online form). On the other hand, suppose that a statute requires new employees to attend an orientati
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