March 9, 2020

In a written statement, Robert Buckland (Lord Chancellor and Secretary of State for Justice) responded to the Law Commission’s report on the Electronic Execution of Documents, published in September 2019.

The statement agrees with the report’s conclusion that formal primary legislation is not necessary to reinforce the legal validity of electronic signatures. The existing framework makes clear that businesses and individuals can feel confident in using e-signatures in commercial transactions.

The statement endorses the Commission’s draft legislative provision as reflecting the Government’s view of the legal position on electronic signatures, i.e. that they are permissible and can be used in confidence in commercial and consumer documents.

The statement also accepts the Law Commission’s recommendation that an Industry Working Group should be established, which the Government should convene, because notwithstanding the position in law, there are issues on the security and technology of electronic signatures that require further consideration from suitably experienced experts.

The Industry Working Group will also be asked to consider the question of video witnessing of electronic signatures.

The statement notes the report’s observation that technological advances have meant that the status of electronic signatures is also applicable in other fields of law, and remarks that, while this presents opportunities, it also entails challenges. These include ensuring that reform does not have any adverse impact, particularly on vulnerable people.

The statement accepts the Law Commission’s recommendation that there should be a wider review of the law of deeds. The Government will ask the Law Commission to undertake this review, although the timing for the review will be subject to overall Government and Law Commission priorities given the volume of law reform work that exists. To read the written statement in full, click here.