Under new laws being introduced in the US, electronic signatures
will gain the same standing in law as handwritten signatures. “This
legislation will revolutionise the way consumers, industry and
government conduct business over the internet,” said one of the
sponsors of the Bill.
Under the proposed law, consumers must “opt in” for electronic
records, ensuring that those without access to computers and those
who prefer written forms will not be left unaware when, for
example, a bank electronically serves notice that it is changing
interest rates.
On 25th May, the Electronic Communications Act was passed in the
UK. Although this Act does not actually provide that electronic
signatures will have the same legal authority as traditional
signatures, it does make provision for the legal recognition of
electronic signatures, although it is expected that this part of
the act will not be in force until 25th July. The Act also sets out
the process under which electronic signatures may be generated,
communicated or verified.
The UK legislation also gives Ministers the power to make
delegated legislation to remove any restrictions in other
legislation which prevent use of electronic communications in place
of paper.
Marc Brailov, a spokesman for the American Electronics
Association, called the US law “a vital prerequisite to the
continued growth of e-commerce. It provides legal certainty for
on-line business.”
