Electronic signatures and law

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Worldwide, legislation concerning the effect and validity of electronic signatures, including, but not limited to, cryptographic digital signatures, includes:

Argentina[edit]

Bermuda[edit]

Brazil[edit]

  • Medida provisória 2.200-2 (Portuguese) - Brazilian law states that any digital document is valid for the law if it is certified by ICP-Brasil (the official Brazilian PKI) or if it is certified by other PKI and the concerned parties agree as to the validity of the document.

Canada[edit]

  • PIPEDA - Canadian law distinguishes between the generic "electronic signature" and the "secure electronic signature". Federal secure electronic signature regulations make it clear that a secure electronic signature is a digital signature created and verified in a specific manner. Canada's Evidence Act contains evidentiary presumptions about both the integrity and validity of electronic documents with attached secure electronic signatures, and of the authenticity of the secure electronic signatures themselves.

China[edit]

Colombia[edit]

European Union and the European Economic Area[edit]

In the EU, electronic signatures and related trust services are regulated by the Regulation (EU) N°910/2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation). This regulation was adopted by the Council of the European Union on 23 July 2014. It became effective on 1 July and repealed the eSignatures Directive 1999/93/EC. At the same date, any laws of EU member states that were inconsistent with eIDAS were also automatically repealed, replaced or modified. In contract to the aforementioned directive (which allowed the EU member states to interpret it and transpose it to their own law) the eIDAS Regulation is directly effective in all member states.

Before eIDAS[edit]

European Union Directive establishing the framework for electronic signatures:

Ghana[edit]

Guatemala[edit]

India[edit]

Indonesia[edit]

  • Pasal 12 Undang-undang No.11 Tahun 2008 Informasi dan Transaksi Elektronik [1] (in Indonesian)

Japan[edit]

Korea[edit]

Malaysia[edit]

México[edit]

Moldova[edit]

New Zealand[edit]

For an overview of the New Zealand law refer: - The Laws of New Zealand, Electronic Transactions, paras 16-18; or - Commercial Law, paras 8A.7.1-8A.7.4. (these sources are available on the LexisNexis subscription-only website)

Peru[edit]

Philippines[edit]

Russian Federation[edit]

Singapore[edit]

South Africa[edit]

Switzerland[edit]

United Nations Commission on International Trade Law[edit]

United States[edit]

Case law[edit]

Court decisions discussing the effect and validity of digital signatures or digital signature-related legislation:

  • In re Piranha, Inc., 2003 WL 21468504 (N.D. Tex) (UETA does not preclude a person from contesting that he executed, adopted, or authorized an electronic signature that is purportedly his).
  • Cloud Corp. v. Hasbro, 314 F.3d 289 (7th Cir., 2002) EMLF.org (E-SIGN does not apply retroactively to contracts formed before it took effect in 2000. Nevertheless, the statute of frauds was satisfied by the text of E-mail plus an (apparently) written notation.)
  • Sea-Land Service, Inc. v. Lozen International, 285 F.3d 808 (9th Cir., 2002) Admiraltylawguide.com (Internal corporate E-mail with signature block, forwarded to a third party by another employee, was admissible over hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment.)

Uruguay[edit]

Uruguay laws include both, electronic and digital signatures:

Turkey[edit]

Turkey has an Electronic Signature Law TBMM.gov.tr since 2004. This law is stated in European Union Directive 1999/93/EC. Turkey has a Government Certificate Authority - Kamu SM for all government agents for their internal use and three independent certificate authorities all of which are issuing qualified digital signatures.

References[edit]

Further reading[edit]

  • Srivastava Aashish, Electronic Signatures for B2B Contracts: Evidence from Australia (Springer, 2013).
  • Lorna Brazell, Electronic Signatures Law and Regulation, (Sweet & Maxwell, 2004).
  • J. Buckley, J. Kromer, M. Tank, R. Whitaker, The Law of Electronic Signatures, 2014-2015 Edition (Thomson Reuters, 2014).* Dennis Campbell, editor, E-Commerce and the Law of Digital Signatures (Oceana Publications, 2005).
  • Stephen Mason (2016). Electronic Signatures in Law (4th ed.). Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London. Free PDF download.
  • M. H. M Schellenkens, Electronic Signatures Authentication Technology from a Legal Perspective, (TMC Asser Press, 2004).