(1) A subscriber shall be deemed to have accepted a electronic signature Certificate if he publishes or authorises the publication of a electronic signature Certificate—
(a) to one or more persons;
(b) in a repository, or
otherwise demonstrates his approval of the electronic signature Certificate in any manner.
(2) By accepting a electronic signature Certificate the subscriber certifies to all who reasonably rely on the information contained in the electronic signature Certificate that—
(a) the subscriber holds the private key corresponding to the public key, and is entitled to hold the same;
(b) all representations made by the subscriber to the Certifying Authority and all material relevant to the information contained in the electronic signature Certificate are true;
(c) all information in the electronic signature Certificate that is within the knowledge of the subscriber is true.
Legal Commentary & Landmark Judgments: Section 41
Section 41 regulates the acceptance of a Digital Signature Certificate by a subscriber, providing that deemed acceptance occurs when the subscriber publishes or authorizes publication of the certificate, certifying to all relying parties that the subscriber holds the private key and that certificate statements are true.
Under Section 41, once a subscriber signs a document with their digital certificate, they are legally barred from claiming that they never accepted the certificate or that the underlying application contained false information; acceptance creates an unassailable statutory estoppel.