As a general rule eSignatures are considered in legal. The United Kingdom considers there to bee two typesLelectronic signatures and digital signatures.
Article 25 of the UK eIDAS states that an electronic signature’s legal validity cannot be solely denied because it is electronic. It also permits the use of electronic signatures in legal proceedings as evidence. This means that the electronic signatures (under most circumstances contain the same weight as a traditional ink signature.
However, the ECA 2000 does not directly address the legal validity of electronic signatures.Case law has largely helped make the law in this case. The Court of Appeal and the High Court have determined that electronic signing methods, like a typed name in an email or clicking an “I Accept” button, meet the legal requirement for a valid signature. This is contingent on the signer showing an “intention to authenticate” the document and fulfilling any formalities related to the document’s execution.
In light of legal uncertainties obstructing the use of electronic signatures and e-signing platforms, the Law Commission conducted a thorough consultation. In September 2019, they released a report on the electronic execution of documents. The UK government endorsed the report’s findings in March 2020.
The report notes that esignatures should not be madatory and local governments can also regulate this. However, in an attempt to keep up with the times
HM Land Registry, Companies House, the Intellectual Property Office, the Civil Aviation Authority and the UK Ship Register now generally accept documents bearing an electronic signature. However, these have additioanl requirements and you should consult with an attorney.
Esignatures cannot be used for
The following elements of compliance available within BoldSign can be used to comply with United Kingdom eSignature laws:
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