Guidance On Use Of Electronic Signatures

As a result of social distancing measures necessary to fight the spread of COVID-19, individuals and companies are becoming increasingly reliant upon technology to carry out the day-to-day aspects of business.

The inability to attend in person to sign documents raises questions about when electronic signatures are effective to create valid and binding legal documents. In this article, we review the relevant provisions of British Columbia's Electronic Transactions Act (the "ETA"), the provincial law that governs the use and enforceability of electronic signatures. We also canvass recent COVID-19 related developments that provide additional guidance regarding the use of electronic signatures during the COVID-19 pandemic.