Electronic Signatures
Following the move by the EU to back E-commerce one of the main stumbling points was the need to ensure that a person who used e-commerce could be identified as who they say they are, any purchase they made could not be denied afterwards (non repudiation). To get around this the EU issued a Directive [OJ|013 19.10.2000] to all EU countries to give the same legal status to an electronic signature as is currently enjoyed by the hand written form. This means where the law requires a hand written signature, example being signing a contract, it should be interpreted to include the electronic form also and are "admissible as evidence in any legal proceedings".
An electronic signature should be "based on a qualified certificate issued by a certificate service provider". The certificate service provider who issued the certificate is liable for the accuracy of all information and identity of the holder at the time of its issuing. An electronic signature issued in one EU country has the same legally status in every other EU country.
"Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is wholly or partly in electronic form" (Electronic Commerce Act, 2000 [27 of 2000] para. 9)
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