E-signing catches on
Simon Hayes australianIT.com.au. AUGUST 15, 2006
COURTS are increasingly accepting typed names, and even email addresses, as electronic signatures despite digital signatures failing to take off for most commercial transactions.
British barrister Stephen Mason, director of digital evidence research at the British Institute of International and Comparative Law, told lawyers at a Sydney seminar last week the digitisation of signatures was just another step in the evolution of evidence.
"In the 19th century, English judges had to cope with changes such as rubber stamps, seals and printing," he said.
"The form of a signature is irrelevant, it's the function it performs that's critical."
In one British case a contract was amended by email despite neither party signing the document in the traditional way.
Other judges have found that an email address alone can constitute a signature.
"When I draft a contract now, I require a manuscript signature," Mr Mason said. "Digital signatures are complex and not well understood."
Oliver Frank, general practitioner
255 North East Road, Hampstead Gardens
South Australia 5086
Ph. 08 8261 1355 Fax 08 8266 5149
Esigning catches on.doc
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