An electronic signature is a legally valid signature of a person as recognized by law.
Section 15 of the Information Technology Act 2000 prescribes the following circumstances under which an electronic signature shall be deemed to be a secure electronic signature.
- The signature creation data, at the time of affixing signature, was under the exclusive control of signatory and no other person; and
- The signature creation data was stored and affixed in such exclusive manner as may be prescribed.
- In case of digital signature, the "signature creation data" means the private key of the subscriber.
- Section 15 was substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) dated 5th February, 2009 which came into effect from 27th October 2009.