Electronic signatures
The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 were amended by the Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019. Together, they are known as the UK eIDAS Regulations.
They apply to any contract and not just those entered into with consumers.
Signatures are not actually necessary for the conclusion of every contract, but they can have three essential functions when online contracts are considered:
- To identify the person who has bought the product
- To indicate a personal involvement, or trustworthiness
- To indicate an intention to be bound to the contract
The principal and simple effect of the UK eIDAS Regulations is to make electronic signatures legally valid.
Depending on exactly what is being sold, the method of collecting the electronic signature will vary. In most cases, the function required of the electronic signature is the third one listed above – indicating that the purchaser is making an offer to contract.
However, for more complex products being sold online, for instance financial services products, the role of the signature may become more important for one or both of the first two reasons.