What are Electronic Signatures?

The Information Technology Act, 2000 recognizes the validity of Electronic Signatures in our country. The act specifies that Electronic Signature comes under the purview of Digital Signature. The scope of Digital Signature is very vast under the act, and obtaining a Digital Signature is a tough task. The Information Technology (Amendment) Act, 2008 substituted the term Digital Signature with Electronic Signature. Under the act, there are no specific rules for the use of Electronic Signatures. A person can put an electronic signature into an agreement by simply putting his/her name in the document electronically or by signing the document electronically using any online medium.

The act substituted the name to provide ease of business to various organizations. E-commerce is growing around the world, and Electronic Signatures have proved to be beneficial in such situations. The legal status of an Electronic Signature is equivalent to a normal signature. Various judgments are established around the world that an Electronic Signature cannot be held invalid based on its electronic form only.

Electronic Contracts: Meaning, Legal Validity and Kinds

Due to globalization and the increase in trade worldwide, an Electronic Contract has become essential. Electronic Contracts or E-Contracts means a contract that has been executed electronically by the parties. Traditionally, Contracts were executed between parties with the help of pen and paper. Parties come together, discuss, and then finalize the terms of the agreement before entering into any agreement with the other parties. This becomes a time-consuming process and it is not possible in today’s age for parties to wait for such a long time before agreeing with each other. Our economy is developing day by day and e-commerce is a very big source behind it. All the transaction that is happening on an e-commerce platform is governed by an electronic agreement. These agreements are the base of such transactions and without these contracts, we cannot get involved in any of such activities.

Geeky Takeaways:

  • E-contract saves a lot of time as parties are not required to come together to finalize any points.
  • These discussions of the parties are happening with the help of online mediums such as email, zoom, and other communication channels.
  • As a result, each party can examine the current state of the agreement and determine if it has been adequately respected or not.

Table of Content

  • What is an E-Contract?
  • Legal Validity of an E-Contract
  • Kinds of E-Contract
  • What are Electronic Signatures?
  • Stamping of E-Contract
  • Conclusion
  • Electronic Contracts- FAQs

Similar Reads

What is an E-Contract?

A Contract is formed when two parties put their agreement in writing, and have certain obligations that must be fulfilled by both parties, and the written agreement becomes legally binding. The Indian Contract Act defines a Contract as a legally enforceable agreement. In the Indian Contract Act, there are essential elements that need to be fulfilled for a contract to become legally enforceable in a court of law. These elements are essentially the gold standard or yardstick against which any agreement should be judged to be considered valid....

Legal Validity of an E-Contract

The validity of a Contract is clearly defined under the Indian Contract Act, 1872. Section 10 of the Indian Contract Act, 1872 provides some essentials that must be present in a contract to make it legally valid. These essentials are a valid offer, an acceptance of the offer, free consent of the parties, a lawful object, and a valid consideration. If any contract has these essentials, then it should be considered a valid contract as per the Indian Contract Act, 1872....

Kinds of E-Contract

There are several types of E-Contract based on their execution. Different types of businesses use different types of E-Contracts. Some of the most important kinds of E-Contract are explained below:...

What are Electronic Signatures?

The Information Technology Act, 2000 recognizes the validity of Electronic Signatures in our country. The act specifies that Electronic Signature comes under the purview of Digital Signature. The scope of Digital Signature is very vast under the act, and obtaining a Digital Signature is a tough task. The Information Technology (Amendment) Act, 2008 substituted the term Digital Signature with Electronic Signature. Under the act, there are no specific rules for the use of Electronic Signatures. A person can put an electronic signature into an agreement by simply putting his/her name in the document electronically or by signing the document electronically using any online medium....

Stamping of E-Contract

The Indian Stamp Act, 1899 governs the rule of stamping of a contract in our country. Different states have different rules regarding the same. According to the Indian Stamp Act, 1899, Stamp Duty is levied on every document, and as per the definition of the IT Act, 2000, an E-Contract is a document, hence it requires stamp duty to be paid. The simplest way to pay the stamp duty is by taking out the print of the contract and affixing a stamp on the same. People can also pay the stamp duty with the help of their website and then download the certificate and paste the same in the front part of the agreement....

Conclusion

E-contracts have proved to be beneficial around the globe. The main benefit is that it saves a lot of time and paper. Before the emergence of E-Contracts, contracts used to take a long time for execution. In cases, where parties were involved from different states or countries, it used to be difficult for them to agree. After the introduction of E-Contracts, business around the globe has become very easy. We can agree with another person in a different country with some clicks on our computer and the validity of both agreements is the same....

Electronic Contracts- FAQs

What is an E-Contract?...