The Ministry of Justice (MoJ) set up the group following a recommendation from the Law Commission. It will be chaired by Mr Justice Fraser, under the oversight of Lord Justice Birss, and assisted by Professor Sarah Green of the Law Commission alongside legal and industry experts. Its remit is to improve standards, reliability and security in e-signatures and other digital means of legally executing documents, and to look into best practice in this area.
It will analyse the use of different technologies for e-signatures, look at safeguards for video-witnessing of deeds, best practice guidance for e-signatures particularly where vulnerable adults execute documents electronically, consider the challenges involved in cross-border transactions and how best to protect signatories from fraud.
The group began meeting this summer and aims to produce an interim report by the end of 2021 setting out initial thoughts and recommendations for reform to the government.
In 2019, the Law Commission reported that while e-signatures are legally valid for most purposes, there is a lack of clarity and confidence around their use.
Meanwhile, MPs have launched a short inquiry into open justice and court reporting in the digital age.
The Justice Committee will look at how the media’s coverage of the courts has changed, focusing on the impact of technology and court reform and investigating potential barriers to ensuring proceedings remain transparent and accessible. It will consider opportunities for using digital technology to enhance open justice and the impact of social media on court reporting.
It is inviting written evidence, to be submitted by 18 October 2021, on how media coverage has changed, barriers to the media obtaining information, the impact of social media and the effect of court reform and remote hearings on open justice. Find out more here.