Section 15 – Secure Electronic Signature

What is a secure electronic signature?

A secure electronic signature is one that meets the following two conditions:

1. Only the person signing had control over the data used to create the signature at the time it was used; no one else could access it.
2. The data used to create the signature was stored and used in a specific way that is officially required.

Just so you know: When we talk about a digital signature, the "data used to create the signature" refers to what's called a private key, which is a secret code known only to the person signing.

Let's consider a hypothetical scenario to understand the application of Section 15 of The Information Technology Act, 2000.

Imagine Mr. John, a bank manager, is preparing a loan agreement for a client, Mr. Smith. To finalize the agreement, Mr. John needs to put his electronic signature on the document. According to Section 15:

1. Mr. John, while affixing his signature, must ensure that the signature creation data (his private key in case of a digital signature) is under his exclusive control. This implies that no other person, including his colleagues or Mr. Smith, should have access to his private key at the time of signing.
2. Moreover, the way Mr. John stores and affixes his signature should be in an exclusive manner as prescribed by the relevant authority. This means he should follow the standard procedures and guidelines set by his bank or regulatory body when creating and applying his electronic signature.

If these conditions are met, Mr. John's electronic signature will be deemed as a secure electronic signature as per Section 15 of The Information Technology Act, 2000.