Frequently Asked Question: FAQ:

Is signing on screen legally binding?

Other FAQs

In a word, yes. However, we suggest that you should seek your own legal opinion before relying on the information below.

There is no requirement under common law for a contract to be in writing and signed. Most contracts can be validly formed electronically, if certain elements of a contract are satisfied. These include: intention to create contractual relations; acceptance of an offer; and consideration. The formation and execution of a valid agreement through electronic means is treated like a paper contract in Australia and international Law

Articles 8 and 9, United Nations Convention on the Use of Electronic Communications in International Contracts (Electronic Communications Convention) (2005) GA res 60/21;

United Nations Convention on the Use of Electronic Communications in International Contracts (Electronic Communications Convention) has been ratified by most countries around the world.

Specifically, in EU member states, the Electronic Identification and Authentication Services Regulation (910/2014/EC) (eIDAS) suggest electronic signatures are legal, admissible and enforceable.

When eIDAS took effect on July 1, 2016, it replaced the Electronic Signature Directive (1999/93/EC) as well automatically repealing, replacing or modifying any EU member state laws that were inconsistent with eIDAS. Article 25 of the Regulation establishes a fundamental legal rule that all electronic signatures and verification services shall be admissible as evidence in legal proceedings. This includes electronic signatures, seals, time stamps, registered delivery services and certificates for website authentication.

This information was sourced from the very helpful Global Guide to Electronic Signature Law: Country by country summaries of law and enforceability.