Let’s start with what this article is about exactly.
With increasing adoption of Document Infrastructure across the country, lawyers are getting more and more queries about the use of electronic signatures. This article is a primer on how to condense that information into giving useful and actionable legal advice about the use of electronic signatures.
4-step cheat sheet to give legal advice on eSigns
Step 1: Assess if there are any legal requirements prescribing “signing” as mandatory for the document in question. Also assess whether the documents fall under Schedule I of the IT Act.
Step 2: Refer to the Matrix of Validity to see which electronic signing types you can potentially use.
Step 3: See if the electronic signing type is mapped on the Spectrum of Enforcement. If not, do your own mapping based on how well it performs the 3 functions of a signature.
Step 4: Based on your operational, compliance and enforcement priorities – you will need to take the final call.