(c) Any alteration to the electronic signature, made after the time of signing, is detectable and

(b) To adduce evidence of the non reliability of an electronic signature.

(a) To take reasonable steps to verify the reliability of an electronic signature or

(b) Where an electronic signature is supported by a certificate, to take reasonable steps

(a) To the geographic location where the certificate is issued or the electronic signature created or used or

3. An electronic signature is considered to be reliable for the purpose of satisfying the requirement referred to in paragraph 1 if

The provision in paragraph 3 (b), however, would allow the court to consider the circumstances in which the signature had been affixed, thereby permitting something that fell short of a digital signature.

Paragraph 3 (b) of article 9 contains a requirement that the method of signing must be as reliable as appropriate for the purpose for which the electronic communication was generated or communicated, in the light of all the circumstances, including any relevant agreement in order for the electronic signature to be legally valid.

Paragraph 3 (a) provides that only an electronic signature that fulfils both the function of identification of the party as well as the function of indicating that party's approval of the information contained in the electronic communication meets that legal requirement of a signature in relation to an electronic communication.

The objective was to ensure that, if an electronic signature fulfilled the functions described in draft article 9, paragraph 3 (a), a party could not challenge the validity of that signature on the grounds of non reliability.

(a) To establish in any other way, for the purpose of satisfying the requirement referred to in paragraph 1, the reliability of an electronic signature or

They were needed, inter alia, to assist States that were enacting new laws in determining what criteria an electronic signature had to fulfil in order to be equivalent to a handwritten signature and also to encourage the use of new technology.

1. In determining whether, or to what extent, a certificate or an electronic signature is legally effective, no regard shall be had

Draft paragraph 3 (b) was not intended to confer legal validity on an electronic signature but simply to make it the functional equivalent of a handwritten signature.

The purpose of the draft convention was to indicate how a single set of rules of law should best be interpreted in the field of electronic communications and not to create a legal entity, an electronic signature, with a separate status from a handwritten signature.

Signature Signature

In the Model Law on Electronic Commerce, article 7 and article 13 together affirmed the validity of an electronic signature and allowed the attribution of the data message to an originator as long as the addressee used a method agreed upon with the originator to verify the authenticity of the message, without the need to demonstrate the authenticity of the signature itself.

Thus, if the method used failed to identify the party and to indicate that party's intention but it could nonetheless be proved through extraneous evidence that the electronic signature had been created by the signing party, such a signature would not meet the requirements of draft article 9, paragraph 3.

Where a written signature is required or the original of the document must be kept, the draft deemed that the electronic version of the document had the same status if that version fulfilled a number of requirements and guarantees set forth in the article.

Article IV Signature

Signed

4. In determining whether a certificate or an electronic signature offers a substantially equivalent level of reliability for the purposes of paragraph 2 or 3, regard shall be had to recognized international standards and to any other relevant factors.

It was for the individual parties to check with the signatory whether a signature had been appended, and the signature derived its legal effect from the proven link between the signature and the signatory.

Compliance with a requirement for a signature

The present Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.

Final provision, signature

(Signed) John Dauth

Opening for signature

Definition of electronic signature

Signature thumbprint of applicant

(Signed) Ruth Wedgwood

(Signed) L. SKOTNIKOV Ambassador Permanent Representative of the Russian Federation to the Conference on Disarmament

(Signed) Gunter Pleuger

(c) Where a certificate is used to support the electronic signature, exercise reasonable care to ensure the accuracy and completeness of all material representations made by the signatory that are relevant to the certificate throughout its life cycle or that are to be included in the certificate.

(b) The signature creation data were, at the time of signing, under the control of the signatory and of no other person

3. Recommends that the Convention be opened for signature at a signing ceremony in Paris.

Nothing in this Law, except article 5, shall be applied so as to exclude, restrict or deprive of legal effect any method of creating an electronic signature that satisfies the requirements referred to in article 6, paragraph 1, or otherwise meets the requirements of applicable law.

But would signing it make a difference?

Delegation of financial signing authority

Signature, ratification, acceptance and approval

Draft article 35 Signature

Signing, ratification and or accession to the Covenant

Safeguarding Cyberspace

Pandora s Inbox

According to the website