Electronic documents and signatures: a legal overview

In our increasingly digitized world, it is important to know the rules regarding electronic documents and signatures. Each Canadian province and territory has adopted its own electronic commerce legislation, which are very similar to one another and largely permissive in regards to the use of electronic documents and signatures. Alberta’s e-commerce legislation is called the Electronic Transactions Act (the ETA). Section 10 states that information or a record to which the ETA applies must not be denied legal effect or enforceability solely by reason that it is in electronic form. The “functional equivalency rules” of the ETA provide the criteria for the use of electronic documents and signatures. Writing rule A legal requirement that information or a record be in writing is satisfied if the information or record is in electronic form and accessible for future reference. Production, retention and examination rules A legal requirement that a person provide…

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