Digital Signatures: The New Way to

Digital Signatures: The New Way to do Business

THE GLOBAL PANDEMIC HAS TAUGHT US TO PERFORM OUR BUSINESS IN A WAY THAT IS RISK ADJUSTED.

We are forced to take our businesses and livelihoods online onto a digital platform and engage in remote and virtual working practices.

Against the backdrop of COVID-19, many business organisations had to embrace the changing need of how business can be done using available technology. The one change is the need for signatures to be converted digitally using digital signature platforms that enable handwriting to be used on digital documents.

The Electronic Communications and Transaction Act (ECTA) is the piece of legislation that guides us to determine the legality behind using an electronic signature. The act legally recognises that electronic signatures can serve as the electronic functional equivalent of paper-based documents.

The act doesn’t determine what type or kind of technology can be used, but in practice we are currently seeing banks using signature tablets.

We see the use of electronic signatures being used in conveyancing matters where an advanced electronic signature (AES) is used. The Deeds Registries Act recognises an AES signature as a valid signature for the transfer of property.

The use of smart technology such as certain smart phones allow for electronic signatures to be done on the cellular phone by using a finger and/or a stylus to sign on the screen and storing that as an electronic signature.

Various apps in South Africa have also been emerging trying to cater for the changing needs of businesses and individuals to go digital.

Some advantages of digital signatures:

They are eco-friendly and do not require the documents to be printed out.

The document over email maintains its integrity and quality.

You can sign anywhere in the world.

Electronic platforms use protected environments such as cryptographic techniques to ensure the authenticity and protection of signatures in a virtual environment.

These are just some of the benefits of digital signatures and companies and individuals are utilising these avenues to minimise contact and maintain social distancing.

Alert level 1 did not eradicate the virus, but simply set the economy to start rolling out more business activity. The options of working remotely should also be considered strongly and the use of technological advancement is an essential component in transacting in the new world order we see ourselves in.

Digitisation is the new age of ensuring business remains viable and sustainable. It’s clear from how fast the world is evolving that those who are digitally ready will stay ahead of the pack. By Ugeeta Pala, Attorney and Mediator at Ugeeta Pala & Associates: Phone: 071 096 5966 E-mail: ugeeta@pala.co.za.