 |
Basics
of the liability model
The following section provides a general overview of the
liability model that will apply to all participants under
the GTA infrastructure (i.e. GTA and each MTA and STA). This
section does not constitute legal advice and the exact nature
and scope of the liability of each participant under the GTA
infrastructure will be set out more fully in each such participant's
CPS, CP, agreements with its End Entities and/or agreements
with Relying Parties.
The basic
elements of the general liability model are as follows:
|
|
Trust
Authorities (TAs) are generally required (subject to a
few exceptions and subject to certain value limitations)
to assume liability for loss or damage suffered or incurred
by any Relying Party who relied on an Identity Certificate
issued by that TA, to the extent that such loss or damage
arise from negligence on the part of the TA in question.
Specifically, all TAs will be required to accept liability
for loss or damage suffered by such Relying Parties where
the loss or damage in question was caused as a result
of any of the following: |
|
|
-
|
Where
the information contained within an Identity Certificate
issued by the relevant TA was incorrect at the time of
issuance thereof and where the relevant TA negligently
failed to notice that the information was incorrect; |
| |
-
|
Where
the relevant TA failed to use reasonable endeavours to
verify the authenticity of any documents presented to
it by a prospective End Entity on which that TA relied
on to establish that End Entity's identity; |
| |
-
|
Where
the TA failed to comply with its registration process
(as published in its CPS and/or CP); and |
| |
-
|
Where
the TA failed to comply in a timely fashion with any request
or requirement for the revocation of an Identity Certificate
issued by it. |
|
|
A
TA is entitled, to the extent permitted by any applicable
law, to exclude its liability for loss of profits or for
indirect or "consequential" loss or damage,
and also to exclude liability for loss or damage caused
by events of force majeure. |
|
|
A
TA may limit its liability in accordance with the purpose
for which any Identity Certificate is issued to subordinate
TAs or End Entities. |
|
|