Covid-19: electronic signatures and witnessing practicalities when isolating

Electronic signatures are ‘permissible and can be used in confidence in commercial and consumer documents’ during the coronavirus pandemic, the Lord Chancellor has confirmed, but there are times when a witness is legally required. Sophie Brookes, partner at Gateley, examines how to deal with virtual witnessing

The Lord Chancellor has issued a written statement welcoming the Law Commission’s report on the Electronic Execution of Documents, agreeing with the Law Commission's finding that ‘formal primary legislation is not necessary to reinforce the legal validity of electronic signatures.

‘The existing framework makes clear that businesses and individuals can feel confident in using e-signatures in commercial transactions,’ he confirmed.

He added that electronic signatures are ‘permissible and can be used in confidence in commercial and consumer documents’.

This is welcome confirmation as the impact of the Covid-19 coronavirus and increased remote working is likely to see a dramatic rise in the use of electronic signatures.

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