Electronic Signature Law

/Electronic Signature Law

Signatures includes handwritten, electronic, advanced electronic signatures, or digital signatures.

Sign Documents Quickly by doing it Electronically

To sign documents is often a time-consuming and frustrating business. It can take weeks to get a signature from each party on a document. This is often how it plays out: one party prints two copies of a document, signs both [...]

Is a Witness Signature required on a Contract or Agreement?

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

By | August 16th, 2015|Categories: Electronic Signature Law|Tags: , , |

Spring Forest Trading v Wilberry

In the case of Spring Forest Trading v Wilberry, the South African Supreme Court of Appeal held that electronic signatures were binding and that the parties had validly cancelled a contract by email signature in terms of a non-variation clause [...]

By | January 28th, 2015|Categories: Electronic Signature Law|Tags: , , , |

Electronic signatures and cryptography

Digital signatures, digital certificates, and advanced electronic signatures are all types of electronic signatures that use cryptography to authenticate the identity of the person signing and to secure their electronic signature. They are all very reliable, but they each have [...]

By | January 14th, 2014|Categories: Electronic Signature Law|Tags: , |

Electronic Signature of Credit Agreements

The electronic signature of credit agreements is problematic! Electronic signatures are taking off across all kinds of industries in South Africa. The credit industry is often an early adopter of emerging technologies - and electronic signatures are no exception. Credit [...]

By | October 21st, 2013|Categories: Electronic Signature Law|Tags: , , |

Advanced Electronic Signatures?

Many people have been wondering when it will be possible to get and use an advanced electronic signature. Well, the day has arrived. An advanced electronic signature is basically an electronic signature that has been accredited by the South African Accreditation Authority. [...]

By | September 3rd, 2012|Categories: Electronic Signature Law|Tags: , |

Do I need the original signed version of agreements

People often ask me whether they need the original signed version of an agreement that they sign as a party to the agreement. The usual situation This is often the situation.  You email a written agreement to someone with whom [...]

By | January 31st, 2011|Categories: Electronic Signature Law|Tags: |

CA’s and the ECT Act

Many people have heard the term "CA", but are not exactly clear what it means or what a CA does. In the world of information security, a CA is a "certification authority" who plays an important role in creating that [...]

How does the law recognise or define digital or e-signatures?

The ECT Act defines an electronic signature as data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a signature. The ECT Act recognises the contractual freedom of parties [...]

By | August 14th, 2008|Categories: Electronic Signature Law|Tags: |

Guide to “Advanced” Electronic Signatures

On Wednesday 20 June 2007 the Minister of Communications published the Accreditation Regulations in terms of section 41, read with section 94 of the Electronic Communications and Transactions Act, 25 of 2002 (ECT Act).  The Accreditation Authority (AA) is responsible [...]