In The News: Electronic Signatures Admissibility in legal proceedings

NEWSWIRE: August 9, 2016

DATELINE: Cyprus

The rapid expansion and development of electronic commerce has forced the European Union to make sure electronic signatures receive the necessary legal recognition they deserve. EU standards are clear, described in detail by the Electronic Signatures and Related Matters Law 2004, and adopted virtually in full by Cyprus law.

Article 4(2) of the electronic signatures law sets the legal status to be afforded to all electronic signatures.  In legal proceedings an electronic signature is not denied legal effectiveness and admissibility as evidence on the grounds that it is:

 

  • Created by a secure signature creation device;
  • Based on a qualified certificate;
  • Based on a qualified certificate issued by an accredited certification service provider; or
  • In electronic form.

 

Ultimately what weight to attach to an electronic signature is for a court to decide; this is always decided on a case-by-case basis.  Courts have consistently show their readiness to adopt new commercial standards and legal trends which indicates that they will most likely take a positive approach to electronic signatures.

Read the full text of the article here.

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