Daniel Watson and Matthew Yates discuss the potential dangers of e-signatures in The Times

Daniel and Matthew’s article was published in The Times, 6 September 2018, and can be seen here.

Daniel Watson, Associate, and Matthew Yates, Partner in our Private Client department explore the growing use of electronic signatures (e-signatures) and the potential legal and practical challenges they present.

While the Law Commission supports giving e-signatures the same legal weight as handwritten ones, offering efficiency and convenience, especially in cross-border transactions, concerns remain about their authenticity and vulnerability to fraud.

The article highlights that unlike handwritten signatures, e-signatures lack unique identifiers, making it harder to verify intent and authenticity. This could lead to increased disputes and evidential burdens. Moreover, current laws still require handwritten and witnessed signatures for certain documents, such as wills and lasting powers of attorney (LPAs), though future reforms may change this.

However, allowing e-signatures in such sensitive contexts could heighten the risk of fraud and abuse, particularly involving vulnerable individuals.

Daniel and Matthew welcome the Law Commission’s recommendation to establish an industry working group to develop practical guidance, emphasising that with proper safeguards, the benefits of e-signatures can be realised without compromising legal integrity.

Read the full article on The Times website [subscription required].