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
