Legal Considerations To Adopt E-Signatures

With businesses continuing to operate remotely, contracts are often endorsed digitally with the use of e-signatures. SGTech, SBF partnered with Bird & Bird ATMD to shed light on common legal pitfalls concerning the use of e-signatures and provide practical steps to protect your business.

Ms Tai Yuet Ping of Bird & Bird ATMD defined what electronic signatures are, the circumstances where they would be legally valid, as well as provided a checklist to help businesses ascertain when it is a proper use of e-signatures.

Key Takeaways

Ms Tai shared that e-signatures are generally valid in Singapore as long as the documents being signed are not among the list of excluded matters under the Electronic Transactions Act. These e-signatures also need to satisfy the following conditions: 

  1. The e-signature can identify the person
  2. it indicates the person’s intentions, and 
  3. is reliable. 
 
She also shared examples of documents that commonly make use of e-signatures. 

Ms Tai shared a practical checklist to guide businesses in deciding if e-signatures are appropriate for use. 



Authenticating an e-signature


Cautioning that fraud and cybersecurity threats are real, Ms Tai highlighted that it would be worthwhile to take additional steps to ensure the authenticity of the e-signature, especially if the contract is high-risk or high-value. Some precautionary measures companies could implement are arranging an e-meeting with the signatory, or calling up the company to verify if it is aware of ongoing negotiations. She also provided other tips for businesses to secure e-signatures.

 

You can catch the webinar recording to find out more about legal considerations to adopt e-signature. 
 

 



You may also wish to download the presentation slides here:
Presentation Slides by Bird & Bird ATMD LLP.

More to come

This webinar is part of SGTech’s “The Isolation Economy” series to help SMEs and startups tide over the current challenges. Please lookout for the other webinars in this series.

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Published May 2020