The Law Commission’s consultation on electronic signatures has produced some early conclusions but questions still remain, says Robert Coffey, managing partner at Cooke, Young & Keidan LLP
The Law Commission’s ongoing consultation on the ‘electronic execution of documents’ published early conclusions in August 2018 aimed at resolving uncertainty, in particular among businesses, as to the legal status and validity of electronic signatures under the laws of England and Wales.
‘Electronic signatures’ is an umbrella term used to include reference to a variety of means by which a signatory may evidence their intention to enter into an agreement. These means range from the simple attachment of a scanned signature to far more sophisticated methods by which a digital fingerprint is embedded into the document. In such documents, any changes can be tracked, and the signatory’s act of execution may be observed and verified in real time by a witness in a different location.
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