{"id":35253,"date":"2020-11-03T12:23:00","date_gmt":"2020-11-03T04:23:00","guid":{"rendered":"https:\/\/zegal.com\/?p=35253"},"modified":"2024-01-09T14:49:38","modified_gmt":"2024-01-09T06:49:38","slug":"e-sign-laws-australia","status":"publish","type":"post","link":"https:\/\/zegal.com\/en-nz\/blog\/post\/e-sign-laws-australia\/","title":{"rendered":"E-sign Laws: Australia"},"content":{"rendered":"\n

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Part 13: Signing in to the digital age<\/b><\/h4>\n

E-signatures are used around the globe and Australia is no different. With a resilient economy and fast urbanisation of infrastructure, Australia is an attractive country to conduct business in. It has also been ranked 18th in the 2018 World Economic Forum\u2019s Global Competitiveness Report, proving the competency of Australia\u2019s economic landscape.<\/span><\/p>\n

Australia\u2019s uninterrupted strong Gross Domestic Product growth in the past two decades indicates the potential for increasing growth, enticing international businesses to enter the Australian market.<\/span><\/p>\n

E-signatures Australia<\/h4>\n

With international business activities, there is a demand for convenience which entails electronic signatures as part and parcel of business transactions. Therefore, it is important to keep yourself updated with Australia\u2019s regulations with regards to e-signatures. <\/span><\/p>\n

The Electronic Transactions Act was introduced in 1999 and adopts an open legal framework.<\/span><\/p>\n

Read on to learn more about the legal compliance for electronic signatures in Australia specifically and watch out for more in this series on Southeast Asia, Hong Kong, China, New Zealand, Australia, UK, Cayman Islands, and BVI.<\/span><\/p>\n

The Rules on e-signatures in Australia<\/span><\/h4>\n
Requirement for signature<\/b><\/h5>\n

(1)  If, under a law of the Commonwealth, the signature of a person is required, that requirement is taken to have been met in relation to an electronic communication if:<\/span><\/p>\n

(a)  in all cases\u2014a method is used to <\/span>identify the person and to indicate the person\u2019s intention<\/b> in respect of the information communicated; and<\/span><\/p>\n

 (b)  in all cases\u2014the method used was either:<\/span><\/p>\n

(i)  <\/span>as reliable as appropriate for the purpose<\/b> for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or<\/span><\/p>\n

(ii)  proven in fact to have <\/span>fulfilled the functions<\/b> described in paragraph (a), by itself or together with further evidence; <\/span><\/p>\n

Applicability of an Electronic Signature <\/span><\/h4>\n

(i)  as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement; or<\/span><\/p>\n

(ii)  proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence; and<\/span><\/p>\n

(c)  if the signature is required to be given to a Commonwealth entity, or to a person acting on behalf of a Commonwealth entity, and the entity requires that the method used as mentioned in paragraph (a) be in accordance with particular information technology requirements\u2014the entity\u2019s requirement has been met; and<\/span><\/p>\n

(d)  if the signature is required to be given to a person who is neither a Commonwealth entity nor a person acting on behalf of a Commonwealth entity\u2014the person to whom the signature is required to be given consents to that requirement being met by way of the use of the method mentioned in paragraph (a).<\/span><\/p>\n

With the international landscape, it is of more importance to understand the legal implications that come along with convenience. Here are some examples of when e-signatures are applicable in Australia:<\/span><\/p>\n

<\/span>Use Cases for E-sign<\/span><\/h3>\n

Instances where electronic signatures are generally considered appropriate:<\/p>\n