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Simply put, yes, digital signatures are valid and enforceable. As long as certain requirements are met, they have the same legal effect as their written equivalents. Like a traditionally signed contract, one of the most important elements of validity is the signing party's intent to be bound.

The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing, if the consumer has affirmatively consented to such use and has not withdrawn such consent.

The term ?Electronic Signature? is defined under section 2(1) (ta) of the IT Act as ?authentication of any electronic record by a subscriber by means of the electronic technique specified in the Second Schedule and includes digital signature?.

Types of Electronic Consent Some examples include: Electronic document signed with a stylus. E-signature services. Scanned handwritten signature.

Factors required to make electronic signatures legally binding Intent to sign. ... Implied or express consent to sign electronically. ... Signature attribution. ... Protection of signature. ... Copies sent to the signer. ... Record retention. ... Opt-out clause.

As outlined by the National Telecommunications Information Administration (NTIA), electronic signatures are not legally valid when signing: Wills and testamentary trusts. State statutes governing divorce, adoption or other family law. Court orders or official court documents.

Electronic signatures are legally recognized in India and are provided for in the Information Technology Act, 2000 (?ITA?), the Indian Contract Act of 1872 (?ICA?) and the Electronic Signature or Electronic Authentication Technique and Procedure Rules, 2015 (?ESEATPR?).

As with a handwritten signature, a signer must show clear intent to sign an agreement electronically. For example, signers can show intention by using a mouse to draw their signature, typing their name, or clicking an ?Accept? button that is clearly labeled. Consent to do business electronically.