Electronic Signature Law

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Electronic signature law looks at laws and regulations that allow you to contract electronically. Signatures include handwritten, electronic, advanced electronic signatures, or digital signatures. Many organisations are taking processes and looking to see how they can do them electronically and automatically. We explore the laws and regulations that may or may not allow for this.

Commissioning documents online or virtually – is it lawful?

Is it lawful to commission documents online or virtually? The short answer is yes, online commissioning is a valid way of administering an oath or affirmation. Traditionally, commissioning documents required parties to physically appear before a commissioner of oaths to [...]

ED Food v Africa’s Best Foods | Online commissioning

In ED Food v Africa's Best Foods, the court examined the legality of commissioning affidavits electronically, such as through video conference calls. It found that online commissioning is valid and stressed substantial compliance with regulations. The short answer is yes, [...]

Is a witness signature required on a contract or agreement?

Is a witness signature required? What are the rules for a contract witness? Clients often ask us whether a witness needs to sign an agreement. There are often two spaces on documents for a witness to sign in addition [...]

By |2023-12-13T14:38:50+02:00December 10th, 2023|Categories: Electronic Signature Law|Tags: , , |

Understanding eIDAS for electronic signatures in the EU

Electronic signatures have become essential to everyday business transactions, providing convenience and efficiency. However, with the increasing use of electronic signatures, ensuring they are legally binding and enforceable is vital. The Electronic Identification, Authentication and Trust Services Regulation (eIDAS) provides [...]

By |2023-02-28T20:16:38+02:00February 28th, 2023|Categories: Electronic Signature Law|Tags: |

Firstrand Bank v Briedenhann | Virtual commissioning

In Firstrand Bank v Briedenhann, the court held that (as a rule) the law does not allow virtual commissioning - a commissioner of oaths should only commission an affidavit by a deponent if the deponent, the document and their signature [...]

Enabling business in a post coronavirus world

The coronavirus and COVID-19 have caused havoc, made countries lockdown, plunged economies into recession and made it very hard for business to continue. Organisations have struggled to continue their operations and do business. Many countries in the world are trying [...]

By |2022-11-15T20:28:36+02:00June 11th, 2020|Categories: Company Law, Electronic Signature Law|Tags: , , , |

How to use electronic signatures securely

Electronic signatures are getting a lot of attention at the moment with people across the world stuck at home due to the coronavirus without any other way to sign documents. This means that more and more documents are being signed [...]

By |2020-05-06T17:55:25+02:00May 4th, 2020|Categories: Electronic Signature Law|Tags: , |

Is it possible to eSign or use an Online Signature?

People everywhere want to know if they can eSign or use an online signature to sign documents, and whether or not such electronic signatures really are important. They want to know about how the law recognises electronic signatures. They're asking [...]

By |2020-03-23T16:55:07+02:00March 23rd, 2020|Categories: Electronic Signature Law|Tags: , , |

The law regards automatic and electronic processes

Many organisations are taking processes and looking to see how they can do them electronically and automatically. Putting digital first or moving from a paper-based environment to a digital environment. There are obviously huge benefits to going digital - saving [...]

Are you ready for an Electronic Signature Assessment?

Most of us have experienced the frustration of chasing hand-written signatures. This can be a long and expensive process, especially when the people whose signatures are required are unable to meet, are far away, or just have very busy schedules. [...]

By |2019-06-27T12:33:46+02:00February 10th, 2017|Categories: Electronic Signature Law|Tags: , |

Guide to Advanced Electronic Signatures

Advanced electronic signatures are those electronic signatures which have ‘passed a test' or been accredited. Think of this as a type of "stamp of approval". Without it, certain electronic signatures will simply not be considered good enough to be used [...]

Get an Advanced Electronic Signature

For a long time, many people wondered when getting and using an advanced electronic signature would be possible. They are finally a reality now, and the law even specifically requires you to use them in some cases. An advanced electronic [...]

By |2025-01-07T08:48:51+02:00January 23rd, 2017|Categories: Electronic Signature Law|Tags: , |