Covid-19 Series: Is The "E-Contracting-Age" Finally Here?

The COVID-19 outbreak has caused many organisations to revaluate how they do business. Offices are only allowed to operate at limited capacity, a large part of the work force is still social distancing and work from home looks like it is here to stay. It has become increasingly more difficult for organisations to contract, sign and maintain documentation physically as they used to.

An alternative approach is required. In this update, we explore the state of play of e-contracting and e-signatures as an option under Indian law.

1. E-contracting in India

IT Law: As a general principal, contracts under Indian law can be in written or oral form. Indian IT laws treat (most) electronic contracts the same as physical contracts. The (comparatively) low usage of e-contracting in India seems more a matter of habit and convenience, than law. The Information Technology Act, 2000 ("IT Act") provides legal recognition to electronic records and electronic signatures. Where