Using case law from multiple jurisdictions, Stephen Mason examines the nature and legal bearing of electronic signatures.

Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.

This publication analyses the main legal issues arising out of the use of electronic signatures and authentication methods in international transactions. It provides an overview of methods used for electronic signature and authentication and their legal treatment in various jurisdictions. The study considers the use of these methods in international transactions and identifies the main legal issues related to cross-border recognition of such methods, with a special attention to international use of digital signatures under a Public Key Infrastructure.

The Digital Evidence and Electronic Signature Law Review brings articles, legal developments and case reports to academics, practitioners and the industry in relation to digital evidence and electronic signatures from across the world. The review also seeks to include reports on technical advances and book reviews.

The last few centuries have seen paper-based documents and manuscript signatures dominate the way businesses enter into a contractual relationship with each other. With the advent of Internet, replacing paper-based contracts with B2B electronic contracts is a possibility. However, an appropriate technology and an enabling legislation are crucial for this change to happen. On the technology front this feature has the potential to enable business executives to sit in front of their computer and sign multi-million dollar deals by using their electronic signatures. On the legal front various pieces of legislation have been enacted and policies developed at both national and international levels to give legal recognition to such type of contracts. This book presents the findings of an empirical study on large public listed Australian companies that examined businesses’ perception towards the use of electronic signatures in B2B contracts. Essentially, it identifies six key factors that create a disincentive to businesses to move from the practice of paper- based signatures to the new technology of electronic signatures. This book offers legal practitioners, academics and businesses insights into issues associated with the use of electronic signatures and suggests a number of measures to promote its usage in B2B contracts.

With these issues the subject of legal usability is not completely covered. Enforcement is perhaps the most obvious issue that is not dealt with. There fore I will indicate for what reason enforcement has been omitted as a sepa rate issue. This has the following background. A signature may alleviate eviden tiary burdens that may arise when enforcing a contract, but enforcing a contract involves much more than evidence of the existence and contents of a contract. E-commerce has opened the possibility to engage in cross border business with a low value per transaction. Even if one has the authenticated identity of one's contracting party, it may still be too com plicated or expensive to commence legal proceedings against a party. A signature does not in itself result in compliance with contracts and legal rules. A digital signature may, however, be an important part of a more encompassing enforcement concept. The security dimension of signatures only makes sense if one is really willing to embark upon enforcement (in stead of accepting the loss). Enforcement in the Internet environment is not something that can be done on an ad hoc basis. The territorial division of the law hampers enforcement in the borderless Internet envi ronment: each country has its own system for determining and adminis tering law. Furthermore, traditional courts are not as yet tailored to the enforcement needs that originate from the Internet.

Compares the legislative frameworks in the EU, US, China and International Organisations applicable to e-commerce and highlights the main legal obstacles to the development of electronic contracts and signatures, as well as Internet jurisdiction and online dispute resolutions.

Electronic Commerce in international trade, is fast becoming a means of business communication. Guidelines and laws of operation are becoming a great necessity to ensure security and uniformity. This publication presents the Model Laws with the hope that countries will consider it when enacting or revising their laws on electronic commerce.

"This new, third edition of Lorna Brazell's Electronic Signatures and Identities Law and Regulation incorporates key changes and developments in the civil law relating to digital identities, not only in the UK but also in major international jurisdictions. In particular, the new edition provides a detailed discussion of the European Union's eIDAS (Electronic Identification and Trust Services for Electronic Transactions in the Internal Market) Regulation of 2014"--Provided by publisher.