Electronic Signature Laws in Australia

When it comes to electronic signature and its legal implications, the adoption of such a system is not without its legal limitations. It is important for everyone to understand these regulations and know what they are. This will help in compliance with laws and penalties and will also reduce chances of one being charged with identity theft. Electronic Signature Laws & Regulations in Australia can be broadly divided into five key areas:

The first area of electronic signature legislation and its implications are that all legal documents must be signed by a specific individual. Only then can the document be legally binding. In Australia, only the person who is responsible for the signature, i.e. the person who has the authority to sign on behalf of the person doing the signing, is liable for any penalty under the law.

Another area of major importance is that all electronic signature documents must be stored in the computer system that created them. If these documents are deleted, then they no longer exist and no evidence of their existence exists either. It is important for everyone to ensure that their electronic signature is kept in the system and that any signatures submitted are actually the electronic signatures of the individuals they were made by. In this way, the electronic signature laws of Australia are enforced even more stringently.

There are some other laws that are equally important but not as well known. These laws deal with, ensuring that only those parties involved in the process have access to the digital signatures. It is important that there are controls in place so that only the parties that need the electronic copy of the document have access to it.

It is also important to remember that when you are using electronic signature to sign documents, the signature does not actually appear on the document itself. This is done through what is called a cryptogram. This cryptogram alters the normal signature used to print documents so that it becomes harder for others to decipher. Only the person who has the keys – usually the person who created the signature – will have the ability to read the document. While there are some electronic signature laws that have been implemented in other countries, such as the UK, it is important for anyone considering signing a document, to understand that the electronic signature laws of Australia do not apply to the end user of the software or the publisher of the software.

With so many different areas of the law surrounding electronic signatures, it can be confusing for individuals to know what is required of them. One place to go to when you are confused is your attorney. Your attorney can explain the various aspects of the law including what types of documentation you need to keep and how it is protected. When it comes to electronic signature, it is very important to understand exactly how it works and why you should care. Electronic signature is quickly becoming the preferred method of signing documents in the business world and is likely to remain that way for a very long time.