More and more businesses are now opting to sign documents using electronic signatures to allow the signing process to be conducted remotely and are making use of e-signing platforms.

Electronic signatures can take some different forms, including

1. a person typing his or her name into a contract,
2. the use of a stylus or touch screen to write a name electronically and
3. a person accessing a contract through a web-based e-signature platform.

From a legal perspective, there have also been some recent developments. In July, the Law Society and the City of London Law Society issued a practice note on the execution of documents governed by English law using electronic signatures.

The Practice Note outlines a range of issues which need to be considered when using electronic signatures, including whether

1. there is sufficient certainty that the person purporting to sign using an electronic signature is in the fact that person and
2. the document has to be filed with an authorised body or registry which requires a “wet-ink” signature.

Also, (EU) law on electronic signatures was amended in July 2016 by a directly applicable regulation on electronic identification resulting in consequential amendments being made to English law.

We have prepared a briefing which provides an overview of these latest developments, summarises the legal position about electronic signatures and sets out some of the benefits and risks associated with the signing by electronic means.

Please click here to see Herbert Smith Freehills briefing.

http://bit.ly/2cJMT1z