Enhance Electronic Signature Legitimateness for Communications & Media in Canada

How to eSign a document: electronic signature legitimateness for Communications & Media in Canada

hello and welcome to this webinar entitled executing documents using electronic signatures guidance legislation and case law with me Keith Market as always let's begin by having a look at the agenda for this course which is fairly extensive so let's uh note that we will Begin by just a reminder of sort of an overview of some of the places where you can get further guidance from today so I will be drawing on the content of a variety of documents produced by the Law Society the law commission and also something called the industry working group so we'll just briefly see what those things are and where you can obtain that and then we will start to look at the details so initially about the formalities that are sometimes required in terms of contract formation we'll see that certain types of contract must be in writing sometimes signed as well possibly there's an angle in terms of something being executed as a deed so I'll just look at the formalities with regard to that briefly and then we will apply the general rules about those formalities to a series of cases particularly within an electronic context for example to do with contracts for Guarantee and also contracts for the sale of land then we will move on to talk a little bit more about Deeds about how that happens both in an individual and a company context before we turn at that particular point to applicable legislation so there we will look at the key provisions of the electronic communications act 2000 and we'll also look at the eidas regulation which of course by its name comes from Brussels originally and has been written into our law post brexit then just to bring start to bring things to a little bit of a summary there we will look at different types of electronic signature we will see that our courts are fairly relaxed about this but ultimately that some types of electronic signature are seen as riskier than others and that will lead us into the final section about the final third of this particular session today which is to talk about recent developments so we're going to look at a case involving invoices and whether they've been electronically signed correctly for the purposes of the solicitors act 1974. we'll see what the latest thinking is from the land registry about electronic signature and indeed witnessing of various documents we'll also look at that in the context of wills and finally we will see that the industry working group which I briefly referred to earlier has now reported we have the final report fairly hot off the press in March 2023 at the days of recording of this session and therefore we will go through some of the key considerations contained in that report