It is important to understand the legal framework in relation to the enforceability of electronic signatures
before adopting electronic signatures
for your business.
Does your firm currently permit electronic signatures
or is it considering doing so for new client relationships?
In this article, I will be taking a tightly focused view of Annex 11, (3) specifically the interpretation of clause 14 for electronic signatures
The validity of electronic signatures
under the common law:
Public Law 106-229, Electronic Signatures
in Global and National Commerce Act, of June 30, 2000, defines an electronic signature
as "an electronic sound, symbol, or process attached to, or logically associated with, a contract or other record and executed or adopted by a person with the intent to sign a record.
The number of lenders that are now in conversations about moving into electronic signatures
has increased tenfold over this time one year ago.
Not coincidentally, this is the arena in which the Department of Education (DOE) first provided definitive guidance on e-sign requirements with the July 2001 publication of Standards for Electronic Signatures
in Electronic Student Loan Transactions.
North Carolina revised an existing UETA law by expanding its application to electronic records and electronic signatures
, without affecting transactions subject to any other law, he said.
The Finnish government has decided on the contents of the new law governing electronic signatures
According to Benjamin Wright, noted e-commerce attorney and co-author of Law of Electronic Commerce, "How, where and when electronic signatures
are used requires the same care and common sense that one would apply to the use of pen and ink signatures.
Can I require all of my clients, customers or business associates to transact business using electronic signatures
Ontario has become the first Canadian province to grant legal status to electronic signatures