Is E-Signature Legal in Court

The use of electronic signatures has significantly increased within the last few years. More institutions and businesses are using electronic signatures for their day-to-day activities now more than ever. In fact, the gradual move from in-person work to remote work has significantly increased the proliferation of electronic signatures. Also, large financial transactions are now administered online with the aid of such types of signatures.

As a result, many people are curious to know if such types of signatures hold the same legal status as their physical counterparts. Likewise, many people want to know if an electronic signature is considered legal in a court of law.

Legality of Electronic Signatures

Electronic signatures are considered legally valid and binding appendages that can be used on different types of documents. Most countries around the world consider documents signed with electronic signatures valid, and acceptable in a court of law. However, for such a signature to be considered legal, it must adhere to some requirements, which are stated below.

An electronic signature should be unique to its owner.
The use of an electronic signature on any document should be at the discretion of the owner.
A log (with timestamps) of changes made to the document must be visible and attached to the document that is signed with an electronic signature.
The recipient of documents that are signed with electronic signature must accept the content contained within such documents as long as the three requirements from above are met.

These requirements with a few variations are largely considered enough to afford electronic signatures the same legal status as physical signatures in a court of law. However, there are still documents that still require the use of physical signatures for validation.

Exceptions

There are still some documents that must be signed using physical signatures. These documents require additional requirements as fraud is frequently associated with their use. These documents are:

Wills and inheritance documents,
Power of attorney documentation,
Court proceedings and documentation,
Real-estate documentations,
Marriage and divorce documentations,
Guardianship and adoption documentations.

However, several states within the United States have eased the restrictions on the use of electronic signatures on many of these documents in the past few months. Likewise, many countries across the world have made such concessions. In the next few years, such restrictions will likely not exist.

Standards for Application of Electronic Signature

Apart from the four requirements for validity of an electronic signature that were mentioned, other standards have been included to increase the acceptability and accountability with regards to the use of such types of signatures. These additional requirements are highlighted below.

The inclusion of the geolocation of the originator of the electronic signature that is used to sign a document.
The inclusion of the IP address and the email address that is associated with the originator of the electronic signature.
Authentication layers that are connected with the email address or mobile phone.

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