Limited reliance specified in certificate, effect
Effective Aug 28, 1998(L. 1998 S.B. 680 § 17)
Viewing an earlier version · effective Aug 28, 1998
- 1. By specifying a recommended reliance limit in a certificate, the issuing certification authority and the accepting subscriber recommend that persons rely on the certificate only to the extent that the total amount at risk does not exceed the recommended reliance limit.
2. Unless a licensed certification authority waives application of this subsection, a licensed certification authority is:
- (1) Not liable for any loss caused by reliance on a false or forged digital signature of a subscriber, if, with respect to the false or forged digital signature, the certification authority complied with all material requirements of sections 28.600 to 28.678;
(2) Not liable in excess of the amount specified in the certificate as its recommended reliance limit for either:
- (a) A loss caused by reliance on a misrepresentation in the certificate of any fact that the licensed certification authority is required to confirm; or
- (b) Failure to comply with section 28.627 in issuing the certificate;
(3) Liable only for direct, compensatory damages in any action to recover a loss due to reliance on the certificate, which damages do not include:
- (a) Punitive or exemplary damages;
- (b) Damages for lost profits, savings or opportunity; or
- (c) Damages for pain or suffering.
(L. 1998 S.B. 680 § 17)