Electronic signatures in lockdown timesIn business, handwritten signatures are required on nearly every document. However, in the wake of the Covid-19 outbreak it has become almost impossible to obtain multiple original handwritten signatures on the same document. But the need to keep the economy going means that we need to find ways to continue to do business and there is in fact law in place in South Africa to help us achieve this. Source: pixabay.com A possible solution to this obstacle and new era may be found in the Electronic Communications and Transactions Act 25 2002 (ECTA). The ECTA provides for two types of signatures in electronic form: electronic signatures and advanced electronic signatures. How they may be used is unpacked below. Electronic signatures may be used for most transactions unless:
Public bodies in South Africa can also issue and file documents in electronic form. While physical access to our courts is currently restricted, new proceedings may be instituted electronically. Although we are living through unclear and daunting times, South African laws enable businesses to continue despite the uncertainty. As we grapple with the impacts of Covid-19 on businesses and society: the challenges faced may well push us to explore previously undiscovered way of doing business. About the authorCarla Collett, partner; Karl Blom, senior associate and Fatima Ismail, candidate attorney at Webber Wentzel |