Electronic Signatures In Law

Electronic signatures are ubiquitous. Anyone sending an e-mail or using a credit card uses one. They can have a bearing on all areas of law, and no lawyer is immune from having to advise clients about their legal consequences. This third edition provides an exhaustive discussion of what constitutes an electronic signature, the forms an electronic signature can take and the issues relating to evidence, formation of contract and negligence in respect of electronic signatures. Case law from a wide range of common law and civil law jurisdictions is analysed to illustrate how judges have dealt with changes in technology in the past and how the law has adapted in response.

Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.

This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.

In the past six years, more than 55 countries have begun adopting UNCITRAL's (United National Commission on International Trade Law) Model Laws of 1999 and 2001 regarding the use and validity of e-signatures. Dozens of pieces of legislation and legislative proposals now exist around the world on the subject of e-signatures. While the model laws may look the same on paper, in practice they can vary widely. Finally, you can be certain that your clients are in compliance when using digital signatures. The Center for International Legal Studies, in cooperation with UNCITRAL, has gathered experts in over 25 jurisdictions to analyze the impact of these standards in their respective domestic e-commerce regimes. These experts show how the Model Laws are actually implemented today in each of these countries. Now you can have on-the-ground feedback about how UNCITRAL's Uniform Rules on Electronic Signatures, the Model Law on Electronic Commerce 1996, and the Model Law on Electronic Signatures 2001 are being implemented. A must have reference for: - Any lawyer working on a business transaction or contract using the Internet to exchange forms - Government Lawyers - Intellectual Property Lawyers Topics covered include: - Application and enforceability of electronic transactions - Defining key terms, including 'writing, ' 'signature, ' and 'original' documents - Legal recognition of data messages - Formation of contracts - Attribution of data messages - Retention of data messages - Trustworthiness of e-signature - Electronic Commerce Analyzes the global impact of: - UNCITRAL's Uniform Rules on Electronic Signatures - Model Law on Electronic Commerce 1996 - Model Law on Electronic Signatures 2001

The Digital Evidence and Electronic Signature Law Review brings articles, legal developments and case reports to academics, practitioners and the industry in relation to digital evidence and electronic signatures from across the world. The review also seeks to include reports on technical advances and book reviews.

This innovative study explores diverse aspects of Canadian and European identity on the information highway and reaches beyond technical issues to confront and explore communication, culture and the culture of communication.