ABSTRACT
This chapter suggests that an electronic signature should be capable of creating the same evidential presumptions as its conventional physical counterpart. The reasons for requiring an electronic signature are either that the parties themselves want the evidential security it offers, or that the document might later be used as evidence in court. Sometimes a digital signature will be required by one of the parties to the transaction. The United Kingdom (UK) common law has nothing to say, explicitly at least, on the evidential value of electronic signatures in a court of law. The signature can evidence commitment. The evidence of the signature is not conclusive, however, and can be rebutted, for example by other evidence that suggests it is a forgery. In the UK, the evidential validity of an electronic signature is covered by the Electronic Communications Act 2000.
