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Legal Definitions - electronic signature

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Definition of electronic signature

An electronic signature is a broad term for any electronic sound, symbol, or process that a person uses with the intention of signing a document or record. It is either attached to or logically connected with that document or record.

Crucially, the law generally recognizes electronic signatures as having the same legal validity and effect as traditional handwritten signatures, provided they are executed with the clear intent to sign.

  • Example 1: Online Software Purchase

    When you purchase software online, you often encounter a checkbox stating, "I agree to the Terms and Conditions," followed by a button like "Complete Purchase." By clicking these buttons, you are performing an electronic process that is logically associated with the software license agreement (the record). Your action signifies your intent to accept the terms and finalize the transaction, thereby creating a legally binding electronic signature.

  • Example 2: Digital Lease Agreement

    Imagine a tenant signing a new apartment lease using a digital document platform on a tablet. The tenant uses their finger or a stylus to draw their signature directly into a designated signature box within the electronic lease document. This drawn image is an electronic symbol directly attached to the lease (the record). By performing this action, the tenant clearly intends to formally agree to the lease terms, making it a valid electronic signature.

  • Example 3: Remote Consulting Contract Approval

    A consultant receives a contract for a new project via email. To formally accept the terms, they open the attached PDF, type their full name into a specific signature field, and then click a "Digitally Sign" button within the document viewer. Typing their name and clicking the button constitutes an electronic symbol (the typed name) and a process (the digital signing action). This is logically associated with the consulting agreement (the record) and demonstrates the consultant's intent to formally accept the contract, serving as a legally recognized electronic signature.

Simple Definition

An electronic signature is an electronic sound, symbol, or process attached to or logically associated with a contract or other record. It is executed and adopted by a person with the intent to sign, and its legal validity cannot be denied solely because it is in electronic form.

Injustice anywhere is a threat to justice everywhere.

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