header-logo header-logo

Electronic execution—what you need to know

26 September 2019 / Stephen Lewis
Issue: 7857 / Categories: Features , Profession , Technology
printer mail-detail

Stephen Lewis discusses the Law Commission’s work on electronic execution of documents & why they’ve confirmed that electronic signatures are a viable alternative to handwritten signatures

Earlier this month, the Law Commission of England and Wales published its report ‘Electronic execution of documents’. Our work addresses the use of electronic documents by commercial parties and consumers, including trust deeds and lasting powers of attorney (LPAs).

Our report aims to address uncertainty around electronic signatures by providing an accessible explanation of the law in the increasingly digitalised 21st century. However, we do not seek to mandate or encourage the use of electronic signatures in any particular situation.

Electronic signatures in use

Businesses and individuals are already using electronic signatures on contracts every day. But despite this frequent use, stakeholders told us about their lingering uncertainty over the legal validity of documents executed electronically, particularly where a signature has to be witnessed. They also raised practical concerns which can discourage some people from using this technology. These include:

  • Concerns that electronic signatures are more susceptible to fraud than handwritten signatures, which
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll