The eContract Bulletin is a weekly newsletter designed to give you a clear and comprehensive understanding of the legal framework underpinning eContracts in India.
Every week, we will be answering ONE key legal question pertaining to either of the following:
- Electronic Stamping
- Electronic Evidence
Our Publishing Plan
There are, broadly, 4 legal aspects that are relevant to eContracts in India:
A) Validity – How the eContract was created and executed (‘The Laws of eSign’)
B) Enforceability – How the eContract can be enforced in Court or before a tribunal (‘The Laws of Electronic Evidence’)
C) Stamp Duty – How stamp duty can be paid digitally for an eContract (‘The Laws of Electronic Stamping’)
D) Legal Operations – Getting eContracts stamped and executed, storage of eContracts, retrieval of eContracts at time of enforcement, ensuring contracting conventions are met (‘How eContracts actually Work’)
Our Publishing Plan is broadly going to follow the above order.
We are going to start with the root – validity of eContracts and how they are created i.e The Laws of eSign and gradually move onto the other aspects.
The Laws of eSign will consist of 5 Posts:
12 November 2020 – What is an Electronic Signature Part #1: Section 3 of the Information Technology Act
19 November 2020 – What is an Electronic Signature Part #2: Section 3A of the Information Technology Act
26 November 2020 – Are eSignatures mandatory? Examining Section 5 and Section 10A of the Information Technology Act
03 December 2020 – A detailed look at the validity of Aadhaar eSign – past controversies and current position of law
10 December 2020 – eSignatures around the World – comparative analysis of Indian eSign law with global jurisdictions
By 10th December 2020, you will have a solid and clear understanding of eSign law in India, how eContracts can be validly created in India and a working knowledge of eSignature law globally.
We will then move onto “The Laws of Electronic Evidence” in relation to eContracts and so on and so forth. You get the idea.
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Our first article is up and running
It delves into the root of this subject – What is a signature?