Article 7

What it means when you sign

This article deals with the legal requirement that something be in writing. Where any legislation in force in the State requires information, a statement, a document, a record, a transaction or evidence to be in writing, or sets consequences if it is not in writing, that requirement is met by an electronic document, if the information in it is stored in a way that allows it to be used and referred to.

In plain terms, an electronic document can satisfy a writing requirement, provided it is kept in a form that can be reached and used again. The article does not say that every electronic file qualifies. The condition is that the information can be used and referenced.

When you are about to sign a contract concluded or recorded electronically, this article means a clause or a law that asks for a document to be in writing can be satisfied by an electronic document. A clause that insists on paper only for a notice or amendment is a matter for the contract itself. This article concerns what legislation requires, and it makes storage in usable, retrievable form the test.