Legal Recognition of Electronic Records and Signatures

The legal recognition of electronic records and signatures is a foundational principle of the UNCITRAL Model Law on Electronic Commerce. It asserts that electronic documents, including emails, PDFs, or any other form of digital communication, have the same legal standing as traditional paper-based documents, provided certain conditions are met. This ensures that e-commerce activities are legally binding and enforceable.

Key Elements:

• Equality of Electronic and Paper Records: This provision guarantees that electronic records can be used in place of paper documents for legal transactions. It removes any legal barriers for using electronic means in place of paper documentation, facilitating online agreements, contracts, and transactions.
• Acceptance in Legal Proceedings: Just as a physical document can be presented in court as evidence, an electronic record, such as an email or PDF, can be accepted as evidence in legal proceedings, provided that its integrity and authenticity can be assured.

The legal recognition of electronic signatures ensures that digital methods of signing (such as typing your name, clicking a checkbox, or using a digital signature) are treated the same as handwritten signatures. It is essential for the enforcement of online contracts, such as agreements made during online shopping or employment contracts.

2. Information Security