Are Electronic Signatures Legal?
Electronic signatures (often called esignatures) and digital signatures are a way to digitally sign legal documents when using an electronic device, such as a computer, tablet or smartphone.
Electronic signatures are becoming more common in a world that is becoming more digital and a useful tool to have access to during the Covid 19 pandemic.
What are electronic signatures?
An electronic signature is any ‘data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign‘. This can cover:
- A scanned manuscript signature
- Clicking an icon on a website to confirm an order
- Typing the name of the signer (known as the signatory) at the bottom of an email
Electronic signatures are any form of digital signature that is used to sign a document online, it is a more efficient easy to signing documents when individuals are located in different places.
Are electronic signatures legal?
Electronic signatures are, like traditional handwritten signatures, legal. In 2019, the Law Commission published its report on the electronic execution of documents. Within this report, it confirms that electronic signatures act as valid signature, this is provided that an authenticating intention can be demonstrated.
When can an electronic signature not be used?
Across the UK most documents are allowed to be signed electronically, but there are some exceptions.
The following documents cannot be signed electronically:
- Wills
- Powers of attorney
- Mortgages and charges
With regards to deeds, care must also be taken this includes:
- Some tenancies
- Some business agreements
- Transfers of land
- Some commercial building leases
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