Legality of eSignatures in United Kingdom
Overview
As a general rule eSignatures are considered in legal. The United Kingdom considers there to be two types electronic signatures and digital signatures.
- Electronic signatures in the UK are governed by not only UK eIDAS but also the Electronic Communications Act (ECA 2000), the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016, as well as case law.
- UK eIDAS recognizes two kinds of digital signatures that utilize public key cryptography, similar to eIDAS. These are advanced electronic signatures (AdES) and qualified electronic signatures (QES). AdES and QES are infrequently required for transactions under English law, apart from those registered with HMLR, as mentioned below. Typically, English law favors documents executed with an electronic signature and does not necessitate a digital signature. The use of QES is usually limited to international transactions or other situations where a more rigorous ID verification is needed
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
- Bils of sales
- Promissory Notes
- Chattel mortals
- Powers of Autorney
- Notarized documents
- Wills
How does BoldSign comply with eSignature laws in United Kingdom?
The following elements of compliance available within BoldSign can be used to comply with United Kingdom eSignature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
- Audit trail: The IP address of the signer along with timestamps for all major events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when they signed it, and from where they signed it.
- Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and are also informed that they have an option to opt out. This helps to ensure that the signer is aware of the implications of signing electronically and that they have given their consent to do so.
- Custom terms: There is an option to get your signers to agree to a custom set of terms. This can be useful for adding additional security or ensuring that the signer understands the terms of the document.
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants or agents, shall be entitled to indemnification, express or implied, contractual or statutory, equitable or otherwise, under this Agreement.
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Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.
Jeremy Kadlec
Edgewood Solutions
Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!
Sarah Dillard
Kaleidoscope
We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.
Scott Prince
Croft
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