Commentary on sections of the Act Section 2: Definition of "electronic trade document" Identification of the persons who are able to exercise control
Section 2(2)(d) requires that any person who is able to exercise control of the document in electronic form is able to demonstrate their ability to do so. The electronic trade document system must be capable of allowing for the identification of any person who is able to exercise control of the document, regardless of whether any person is in fact exercising that control.
	This requirement reflects the association between the document in electronic form and the person or persons who are able to exercise control of that document. It ensures that, for a document to be an electronic trade document, the document must be capable of being uniquely associated with the person or persons who are able to exercise control of it. Depending on the underlying technology, this association could be achieved by the system linking the document with a particular address or security credentials, and a person being able to demonstrate that they have the relevant security credentials or other means of control.
	This section does not mean that, by looking at the system itself, it must be possible to see who is able to exercise control. Instead, it requires that, if asked to evidence their ability to exercise control, a person could prove this on the system. For example, if three people have access to the private key to a document, the system must allow each of those three persons to identify themselves as persons who are able to exercise control by showing or using their private key.