With many Australian and international businesses shifting to
remote working arrangements in light of the government's
COVID-19 response, companies and individuals are likely to need to
sign documents without easy access to hard copies or a printer.
The good news is that, generally, under Australian law, an
electronic signature is likely to be treated the same as a written
signature, provided that certain requirements are met. The bad news
is that these requirements are not always clear and that some
documents are exempt from the legislation governing electronic
signatures.
This article sets out the general position under Australian law
on the use of electronic signatures (including suggestions on how
the requirements may be met to provide a greater level of certainty
regarding the validity of electronic signatures) and also covers
some important exceptions to the general rule.
