Not exact matches
One of the big issues that Canada's e-commerce / e-transactions / etc.
legislation in the past decade was intended to resolve was the legal status of
electronic signatures.
Have there been any cases in any jurisdiction in Canada on the legal status of
electronic signatures under the e-commerce / etc
legislation?
Canadian
legislation offers four treatments of seals: the Quebec detailed method; the federal secure
electronic signature; the Ontario potential regulation; and the rest is silence.
Most such
legislation also tells us that a legal requirement that a document be signed is satisfied by an
electronic signature.
The definition of
electronic signature in legislation based on the Uniform Electronic Commerce Act is usually something like information in electronic form created with intention to sign and in, attached to or associated with the information to
electronic signature in
legislation based on the Uniform
Electronic Commerce Act is usually something like information in electronic form created with intention to sign and in, attached to or associated with the information to
Electronic Commerce Act is usually something like information in
electronic form created with intention to sign and in, attached to or associated with the information to
electronic form created with intention to sign and in, attached to or associated with the information to be signed.
But courts, companies and individuals have been slow to implement the available state (UETA) and federal (ESIGN)
legislation aimed at encouraging and validating
electronic commerce and
electronic signatures.
For example, in March 2017, the state of Arizona passed
legislation (HB 2417) to amend its version of the UETA to confirm that
electronic signatures, records or contracts secured through blockchain technology are valid under the state law.
There were clear, concise and substantiated reasons why Face to Face contact was required when current
legislation prevented
electronic signatures for 1/2, 1, 3, 5 Million Dollar transactions in the sale of real estate.
Since federal
legislation passed granting
electronic signatures the same legal status as handwritten
signatures, no one can agree on what an e-signature should be or how it should look.
When President Clinton signed
legislation this summer granting legal status to
electronic signatures, he opened the door for virtual transactions, from listing through closing.
The last legal hurdle to full
electronic processing of real estate transactions was cleared in late June when President Clinton penned his
signature on landmark e-
signature legislation.