header-logo header-logo

04 September 2019
Issue: 7854 / Categories: Legal News , Procedure & practice , Commercial
printer mail-detail

E-signing is fine, say commissioners

Electronic signatures are a valid alternative to handwritten signatures, the Law Commission has confirmed.

In a report published this week, the commission explains why e-signatures are viable way to execute documents and deeds, including where there is a statutory requirement for a signature, and makes recommendations for reform to address issues surrounding their use.

The commission notes the flexibility of common law in recognising a range of types of signature, including an ‘X’, initials, a printed name and a description of the signatory such as ‘Your loving mother’. Moreover, the commission states, the courts have accepted e-signatures including name typed at the bottom of an email or clicking an ‘I accept’ tick box. These decisions supplement the EU eIDAS regulation, which states that e-signatures cannot be denied legal validity simply because they are electronic.

Stephen Lewis, Commercial and Common Law Commissioner, said: ‘Electronic signatures can offer quicker and easier transactions for businesses and consumers.

‘Our report aims to provide an accessible statement of the law.’

However, the commission also identifies concerns, including that e-signatures may be more susceptible to fraud, which could put vulnerable people at risk. There are also issues of reliability and security of the technology involved and the question of remote witnessing―the commission’s view is that the current law does not allow for remote witnessing via video link.

It recommends that an industry working group be set up to provide best practice guidance, including on video witnessing, followed by legislative reform. It calls for a future review of the law of deeds and points out that the government may wish to codify the law on e-signatures to make the law more accessible.

Issue: 7854 / Categories: Legal News , Procedure & practice , Commercial
printer mail-details

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll