JERSEY - Amendments to the Electronic Communications (Jersey) Law 2000
The Government of Jersey has approved modernising amendments to the Electronic Communications (Jersey) Law 2000 (the ESigning Law).
The amended legislation will come into force on 11 March 2022.
What are the key changes?
- They clarify that the remote witnessing of signatures by audio-visual link is legally valid.
- Where a person is required or authorised to sign a document,
- That person (Person A) may authorise another person (Person B) to attach Person A's electronic signature to the document on Person A's behalf, and
- That document will then bind Person A as if they had been the person who attached their signature to it.
- There will be an express statement to the effect that
- A signature, seal, attestation or notarisation is not to be denied legal effect, validity or enforceability only because it is in electronic form.
What practical steps should businesses consider taking in light of these changes?
- Businesses should introduce internal policies to explain when their personnel may and may not make use of electronic signatures and electronic witnessing.
- Businesses should consider whether the precautions taken to authenticate the identity of persons signing electronically or witnessing remotely (for instance, as provided in software packages such as DocuSign) are appropriate to their needs.