Executing Documents Using Electronic Signatures - Guidance, Legislation & Caselaw

Introduction

The law on executing documents using electronic signatures is now well established in the Electronic Communications Act 2000, in Regulation (EU) No 910/2014 (the eIDAS Regulation) and at common law.

In recent years, both the Law Society and the Law Commission have produced guidance and a further report is awaited from the Industry Working Group.

This webinar summarises the relevant guidance, legislation and case law and examines the changes that have been made to signature and witnessing requirements in the fields of wills and probate and property law.

What You Will Learn

This webinar will cover the following:

Applicable Guidance

• Law Society guidance
• Law Commission report
• Latest findings of the Industry Working Group

Applicable Legislation

• Admissibility of electronic signatures under ss7-8 of the Electronic Communications Act 2000
• Definition and effect of ‘electronic signatures’ and ‘qualified electronic signatures’ under the eIDAS Regulation

Applicable Caselaw

• Analysis of relevant case law concerning the execution of documents using electronic signatures
• Summary of different types of electronic signatures
• Enforceability of e-mailed invoices

Changes to Witnessing and Signature Requirements

• Changes in respect of HM Land Registry rules
• Alterations to the rules on signing and witnessing wills

This webinar was recorded on 29th March 2023