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I agree. This is a very current and relevant topic. All I can share is the ACT itself: Electronic Transactions Act (2001) Chapter 10.

The Act defines an electronic signature as information in electronic form that a person has created or adopted in order to sign a record and that is in, attached to or associated with the record, satisfies the legal requirement for a person’s signature. The Act reviews the steps involved in the formation of a contract (eg:an offer and acceptance may be carried out electronically by means of exchange of electronic documents between the parties or by touching or clicking on an appropriately designated icon on a computer screen).

The Act does not endorse a particular technology but in various provisions of the Act, mentions that the technology used should make the records accessible, reliable and retainable.

The Act is not applicable to certain types of documents such as wills, powers of attorney, trusts created by wills and documents relating to creation of interests in land that require registration to be effective as against third parties. The Act is not applicable to negotiable instruments such as cheques or documents of title.

  • This reply was modified 6 months, 2 weeks ago by Peter Rudd.