Like a manuscript signature (also called ‘wet signature’), the goal of e-signatures is to bind a signatory to a document in a way that makes later repudiation difficult (Foder, 2010). However, the validity of e-signatures under a law depends on the type of the e-signature and the purpose of its use.
By definition, an e-signature is “any letters, characters, or symbols manifested by electronic or similar means and executed or adopted by a party with an intent to authenticate a writing” or “a data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication” (Blythe, 2005).
Examples of e-signatures may include but are not limited to the following a (Ibid, p3):
o digitised version of a manuscript signature i.e. scanned image of the wet signature; signing on a touch screen
o digitised fingerprint i.e. digitised image of a fingerprint.
o biometric scan like a fingerprint, iris, vocal signature
o typed name at the end of an email message
o clicking or ticking of an ‘I Agree’ or ‘Purchase Now’ button or box on a computer screen
o digital signature which uses encryption and decryption technology alongside a Public Key Infrastructure (PKI).
Each type of e-signature will be useful at a certain security level. Each type will meet different success criteria in meeting the requirements for a valid signature at law (Christensen, Duncan, & Low, 2003).
E-signatures serve the same purposes as that of manuscript signatures (Christensen, Duncan, & Low, 2003).
o Identity – to prove that the document was signed by an identifiable person (authentication) and that the person cannot credibly deny their identity (non-repudiation)
o Consent or Approval – to prove that the person affixing the signature approves of the contents of the document and the person cannot deny so (non-repudiation)
o Integrity – to indicate that the document has not been altered since it was signed.
Different types of e-signatures have varying degrees of success in performing these functions. Their performance needs to be assessed against the purpose for which they are being used and their ability to withstand scrutiny under various applicable laws discussed below.
According to the Electronic Commerce Expert Group (Tyree, n.d.), the following are the primary uses for e-signatures:
o Evidentiary – to serve as admissible evidence in a court of law, such as the Statute of Frauds
o Cautionary – to attest a document and its significant legal consequences e.g. wills
o Reliance – to attest to the reader the veracity or truthfulness of the contents of a document
o Channelling – to categorise documents into more or less legal significance
o Recordkeeping – to abide by government regulations to safe keep documents such as taxation and customs.
Source: https://www.qgcio.qld.gov.au/documents/electronic-signatures-guideline
Note also that an electronic signature is only effective if the person receiving it (e.g. the specialist) accepts the signature in that form.