Article 58

What it means when you sign

This article deals with who has to prove what when electronic evidence is challenged in court. A party who claims that electronic evidence of the kinds covered by the two earlier provisions on electronic evidence is not valid carries the burden of proving that claim.

The article does not say how the proof is made or what counts as enough. It only places the burden on the party who makes the challenge, rather than on the party who relies on the electronic record.

When you are about to sign a contract, this article means that if the contract is signed, exchanged or recorded electronically, a party who later says the electronic record is not valid must be the one to prove it. A clause that sets out how notices, messages or approvals are sent and stored electronically may therefore be relevant if a dispute arises. This article does not itself make any electronic record valid. It deals only with who must prove the allegation when its validity is challenged.