Law Commission of England Consultation on Electronic Execution of Documents

The English Law Commission has published a consultation document on the Electronic Execution of Documents.

According to a description by the Commission:

"The law relating to signatures and other formal documentary requirements has a history spanning centuries."

"In today’s world, individuals, consumers and businesses demand modern, convenient methods for entering into binding transactions. Technological developments have changed the ways in which these transactions are made."

"Can the law of England and Wales keep up?"

"Our common law system is flexible and contracts can be created in many ways. Most transactions are not required to be executed in a particular manner. Electronic signatures are validly used instead of handwritten signatures in transactions every day."

"However, the law subjects particular types of documents to certain procedures, such as signing or witnessing."

"We have been told that issues around the electronic execution of documents, including uncertainty around the legal status of electronic signatures, are inhibiting the use of new technology where legislation requires a document to be “signed” or executed as a deed (...)"

"Following our analysis of the law, our provisional conclusion is that an electronic signature is capable in general of meeting a statutory requirement for a signature. We do not consider that legislative reform is necessary. We ask whether consultees agree."