Global E-signature Laws at a Glance | DrySign By Exela

 

Electronic signatures or e-signatures are in high demand among enterprises. Furthermore, the COVID-19 pandemic has been a catalyst in bringing about changes in internal operational processes. As companies have begun adapting electronic documentation to sort and manage files, e-signatures are being embraced to reach deals and agreements remotely. Small and medium enterprises are leveraging technology to streamline various verticals such as marketing and sales and improve overall business efficiency.

Although online signatures have countless benefits, they create a sentiment of apprehension owing to the sensitive nature of exchange. In order to ensure documents signed electronically stand up in court, just like their manual counterparts, laws have been passed and enforced by governments. If you are a business that has decided to integrate eSignatures into your workflows, read on to learn more about the international laws about using eSignatures.

Types of Laws

  • Prescriptive Laws – Prescriptive laws dictate the method used for electronically signing documents. It also dictates the types of e-signatures that are acceptable.
  • Minimalist Laws – Minimalist laws allow broad enforceability of e-signatures with minimum restriction. They grant all users across industries access and provide the highest security to information in electronic documents. These laws do not explicitly state technical requirements for e-signatures to be legally enforceable.
  • Two-tiered Laws – Two-tiered laws have strict requirements for e-signatures to be legally enforceable. They are enacted by many countries in the EU and Asia. Electronic signatures themselves are divided into standard electronic signatures (SES), advanced electronic signatures (AES), and qualified electronic signatures (QES).

Countries have made their laws or amended laws to ensure the protection of citizens and enterprises. Given below is a list of countries that recognize online signatures.

Also Read: 10 frequently asked Questions about the use of ESignature!

Electronic Signature Laws Globally

  • Argentina – The Digital Signature Law of 2001, also known as the Law on Digital Signature Nº 25.506, has been valid since 2012. It was used for signing HR documents and documents by public bodies. However, amendments such as Law 27,446 have made digital signatures legally binding in all private sectors using time stamping.
  • Australia – The Electronic Transactions Act 1999 passed by the Australian government recognizes all types of electronic signatures at federal and regional levels. Electronic signatures are eligible in the life sciences, technology, HR, healthcare, education, insurance, software licensing, and procurement sectors.
  • Canada – The Personal Information Protection and Electronic Documents Act passed in 2000 has been recognized by the federal government to be used for the provision of certain statutes. The provinces of Ontario, British Columbia, and Alberta have modeled their eSignature laws on The Uniform Electronic Act (UECA) passed in 2000.
  • China – The Electronic Signature Law of the People’s Republic of China (“ESL”) was enacted in 2004, with significant revisions in 2015 and 2019 to recognize the validity of electronic signatures.
  • European Union – The European Directive 199/93/EC, or electronic IDentification, Authentication and trust Services (eIDAS), has made it mandatory for all states within the union to recognize e-signatures. This has made it easier to conduct online transactions between customers and businesses.

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