Documents and Processes - Electronic Signatures

AUTHOR

Bruce Coudrey

Change creeps up on us slowly. And it’s only when we look back, that we realise how much has changed, and how quickly it has happened.

It doesn’t seem that long ago, we used to lick a stamp and put it on an envelope to send messages, information and documents. Similarly, we used to pay deposits in cash. And you had to meet someone to ask them on a date. All of that has changed.

In business we have seen many changes and innovation come into common use over the last fifteen years and the latest evolution in business is the inevitable adoption of the electronic signature.

Under Australian law, a written signature is not necessarily required for a valid contract.  A contract is generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or on a physical paper document.

The Electronic Transactions Acts in the Commonwealth, States and Territories of Australia specifically confirm that, provided certain requirements are met, and a relevant exception does not apply, contracts cannot be denied enforceability merely because they are concluded electronically.

Leading digital transaction management solutions can provide electronic records that are admissible in evidence under Australian law to support the existence, authenticity and valid acceptance of a contract.

So it’s time for businesses to adopt electronic signing protocols and move with the times.

For more information on the shift towards electronic signing, click the following link to download the PDF http://www.qls.com.au/files/4b3f12bc-58f8-44e4-9bf7-a7fd00c6a1a0/Electronic_signatures_when_effective.pdf 

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