THE Government has published an interim report on best practice for using e-signatures.
The report details the Ministry of Justice’s analysis of the current situation in England and Wales, identifies simple best practice guidance based on existing technology, including for vulnerable individuals, and makes recommendations for future analysis and reform.
The report aims to address any uncertainties that have hindered the use of e-signatures and “limited the confidence of professionals and individuals in their use” – particularly in the pandemic’s wake.
It identifies five core principles which organisations using e-signatures should adhere to.
These are the need to:
a. Agree as early as possible that a document is to be executed electronically and the procedure for doing so. Also, determine the optimal form of electronic signature for the transaction.
b. Use a signing platform that provides a minimum set of security/safety/functionality with a strong audit trail that demonstrates an intention to sign by the signatories. Such platforms should as a minimum include ability of signing parties to download/retain executed documents.
c. Consider whether additional evidence to record the fact that the signatory is approving the document is necessary and/or appropriate.
d. Where possible, provide multiple options to vulnerable customers or counterparties so that these groups can adopt a method of signing that suits
their needs.
e. Authentication should be easier for those with secure digital identities, but this should not be essential.
To read the report, click HERE.
