Electronic Signatures become enforceable

Nicholas O’Neill, Clifford Chance,London

The Electronic Communications Act 2000

The law relating to the treatment of electronic signatures is contained in the Electronic Communications Act 2000 (“the Act”) which received Royal Assent on 25 May 2000. The Act, among other things, seeks to implement certain provisions of the EU Electronic Signatures Directive (1999/93/EC). Parts of the Act came into force on 25 May 2000 while others, and in particular the section dealing with the admissibility of electronic signatures in legal proceedings, came into force on 25 July 2000 by virtue of the Electronic Communications Act 2000 (Commencement No. 1) Order 2000.