Preface

Misunderstandings about what constitutes an electronic signature continue to occur, years after their use began, and years after the passing of legislation. This lack of understanding is not limited to lay people and journalists, but includes some judges and lawyers. It is also clear that the legal culture affects the way electronic signatures are dealt with. For instance, in Germany, even a modest e-mail sent in minor administrative proceedings between employee and employer requires the sender to pay for and use a digital signature, even though the recipient knows who sent the e-mail, and there is no doubt as to the authenticity of the communication. Requiring an employee to obtain and pay for a digital signature for such purposes would be unheard of in common law jurisdictions.

In this edition, I have removed the chapters dealing with the detailed discussion of contractual liability and non-contractual disclaimers and negligence, based as they were, on the law of England and Wales. Both areas remain in a constant state of flux, which means it is arguably more appropriate to aim to provide a reasonably comprehensive outline of the principles of electronic signatures and relevant case law (where I am made aware of it), rather than consider areas of law that will alter during the life of this edition.