To create an electronic signature in Australia, you can follow a few simple steps. According to the Electronic Transactions Act 1999 (ETA) outlined in the legislation, electronic signatures hold the same legal status as handwritten signatures. Continue reading this Business Kitz blog post to learn more about electronic signatures.

What is an electronic signature?

In Australia, an electronic signature refers to any electronic symbol, sound, or process that is used to sign a document and indicates the signatory's intention to adopt the contents of that document. The legal framework for electronic signatures in Australia is governed by the ETA.

Electronic signatures can take various forms, including scanned images of handwritten signatures, a typed name, a digital representation of a signature, or even a click of a button. They serve as a means of authentication, allowing individuals to identify themselves and demonstrate their intent to agree to the terms outlined in a document.

The ETA recognizes the legal validity and enforceability of electronic signatures in Australia, stating that an electronic signature is deemed to satisfy any legal requirement for a signature. This means that electronic signatures hold the same legal status as handwritten signatures in most cases, facilitating the use of electronic transactions and reducing the reliance on physical paperwork.

When using electronic signatures, it is crucial to ensure that the method used adequately identifies the signatory and provides a reliable means of demonstrating their intention to sign. Furthermore, parties involved in a transaction should agree on the acceptance of electronic signatures and the method of signature before proceeding to ensure a mutual understanding of the process.

How do I create an electronic signature?

1. First, you'll need a digital representation of your signature. This can be created by scanning your handwritten signature or using software to draw your signature electronically.
2. Next, you can use various tools and software to apply your electronic signature to a document. One common method is to use PDF software that supports electronic signatures. These programs usually have a feature to insert your digital signature image into the document, which can then be placed in the appropriate location. Alternatively, you can utilize specialized electronic signature platforms or services that provide more advanced functionality. These platforms often offer additional security features, such as encryption and authentication, to ensure the integrity of the signed documents.
3. Remember to familiarize yourself with the specific requirements and guidelines provided by the platform or service you choose to use, as different tools may have varying procedures for creating and applying electronic signatures.

It's worth noting that while electronic signatures are generally legally binding in Australia, certain documents, such as wills or enduring powers of attorney, may require specific formalities and may not be suitable for electronic signatures.

How do you do an electronic signature on a PDF?

To create an electronic signature on a PDF document in Australia, you can utilise various methods depending on your preferences and the tools available. Here's a step-by-step guide on how to electronically sign a PDF document:

1. Choose a reliable electronic signature tool: Research and select an electronic signature service or software that is compatible with PDF documents and complies with Australian legal requirements. Ensure that the tool offers features such as adding signatures, creating digital certificates, and securely encrypting your signed documents.
2. Upload the PDF document: Once you have access to the electronic signature tool, upload the PDF document you want to sign. You can typically do this by clicking on an "Upload" or "Choose File" button on the platform.
3. Select the signature option: Look for an option that allows you to add a signature to the PDF. This could be a button labelled "Add Signature" or "Sign Document."
4. Create your electronic signature: Depending on the tool, you may have several options for creating your electronic signature. These can include typing your name and selecting a signature font, drawing your signature using a mouse, touchpad, or touchscreen, or uploading an image of your physical signature. Choose the method that suits you best.
5. Position the signature: Once you've created or selected your electronic signature, place it in the appropriate location within the PDF document. Usually, you can click or tap on the document to indicate where you want the signature to appear. Some tools also provide options to resize, rotate, or adjust the appearance of the signature.
6. Save and finalise the signed PDF: After placing your signature, review the document to ensure accuracy. If everything looks correct, save the PDF with the electronic signature applied. The tool may prompt you to save it as a new file or overwrite the original document.
7. Share or store the signed PDF: Depending on your requirements, you can now share the signed PDF document electronically with the relevant parties. You can email it, upload it to a file-sharing platform, or use any other appropriate method. It's also crucial to store a backup of the signed document for future reference.

When conducting electronic signatures on PDF documents in Australia, it's essential to familiarise yourself with the legal requirements, particularly under the Electronic Transactions Act 1999 and any specific industry regulations that may apply.

What is the difference between digital signatures and electronic signatures?

Digital signatures and electronic signatures are often used interchangeably, but they have distinct differences in terms of their technical characteristics and legal implications. In Australia, ETA outlines the legal framework for both electronic signatures and digital signatures.

An electronic signature is a broad term that encompasses any electronic symbol, sound, or process that is attached to or associated with a document and is used to identify the signatory and indicate their intention to adopt the contents of the document. It can include scanned images of handwritten signatures, a typed name, or even a click of a button.

On the other hand, a digital signature is a specific type of electronic signature that utilizes cryptographic technology to ensure the integrity and authenticity of a document. It involves the use of a unique digital certificate issued by a trusted certification authority. The digital certificate contains the signatory's public key, which is used to encrypt the signature and a private key that is kept securely by the signatory. This cryptographic process provides a higher level of security and tamper-proofing compared to electronic signatures.

Legally speaking, both electronic signatures and digital signatures hold the same status as handwritten signatures under the ETA in Australia. The legislation does not distinguish between the two, and it recognises that electronic signatures are admissible in court as evidence. This means that both types of signatures can be used for most transactions, contracts, and other legal documents, subject to certain exceptions outlined in the legislation.

However, the use of digital signatures can provide additional benefits in terms of security and non-repudiation. The cryptographic technology behind digital signatures ensures that the signed document cannot be altered without detection, and it provides a higher level of assurance regarding the identity of the signatory. This can be particularly important in situations where the authenticity and integrity of a document are critical, such as financial transactions or sensitive legal agreements.

In summary, while all digital signatures are electronic signatures, not all electronic signatures are digital signatures. The main distinction lies in the use of cryptographic technology to ensure security and integrity. Ultimately, the choice between using an electronic signature or a digital signature depends on the specific requirements of the transaction and the level of security and trust needed.

What is accepted as an electronic signature?

Accepted forms of electronic signatures in Australia can include:

• Scanned Images of handwritten signatures: A scanned image of a handwritten signature can be used as an electronic signature. The signatory can physically sign a document, scan it, and attach the scanned image to the electronic document.
• Typed names: A typed name at the end of an email or within a document can be considered an electronic signature. It indicates the signatory's intention to associate themselves with the document.
• Digital representations: Electronic signatures created using software or digital platforms that allow the signatory to draw their signature using a mouse, stylus, or touchpad are also accepted.
• Clicking buttons or checking boxes: In some cases, the act of clicking a specific button or checking a box can serve as an electronic signature, indicating the signatory's consent or agreement.

It's important to note that the acceptance of electronic signatures may vary depending on the nature of the transaction and the preferences of the parties involved. Some organisations or industries may have specific requirements or prefer more advanced forms of electronic signatures, such as digital signatures that utilize cryptographic technology to ensure security and integrity.

How do I send an electronic signature by email?

To send an electronic signature by email in Australia, you can follow a straightforward process while keeping in mind the guidelines provided by the ETA.

1. First, create your electronic signature using a digital representation of your handwritten signature or through software that allows you to draw your signature electronically.
2. Next, save the document you wish to sign as a PDF file. Converting the document to PDF format ensures that it retains its original formatting and cannot be easily altered.
3. Once you have the PDF document with your electronic signature, you can attach it to an email. Open your email client or webmail service, compose a new message, and attach the PDF document containing your electronic signature.
4. Include a clear instruction within the email body, requesting the recipient to review and consider the attached document with your electronic signature as your legally binding intent.
5. It's important to note that the ETA in Australia recognizes the legal validity of electronic signatures, including those sent via email. However, it is advisable to confirm with the recipient beforehand if they accept electronic signatures or if they have any specific requirements for document signing.
6. Remember to keep a copy of the signed document and any related email correspondence for your records, as they may be necessary for future reference.
7. As always, it is recommended to seek legal advice or consult professionals for specific situations or documents that require additional formalities or have specific legal requirements.

Are electronic signatures secure?

Yes, electronic signatures in Australia can be secure when implemented properly. The ETA provides a legal framework for electronic signatures and recognizes their legal validity, giving them the same status as handwritten signatures in most cases.

While the ETA does not specifically address the security requirements for electronic signatures, it is essential to ensure the security and integrity of electronic signature processes. Implementing secure electronic signature practices can help protect against fraud, unauthorized use, and tampering.

One common method for enhancing security is the use of digital signatures, which are a specific type of electronic signature that utilizes cryptographic technology. Digital signatures involve the use of a unique digital certificate issued by a trusted certification authority. This certificate contains the signatory's public key for encrypting the signature and a private key kept securely by the signatory. This cryptographic process provides a higher level of security and ensures the integrity and authenticity of the signed document.

Additionally, electronic signature platforms or services may offer additional security features such as encryption, multi-factor authentication, audit trails, and secure storage. These features can help safeguard the signed documents and the identity of the signatories.

However, it's important to note that the security of electronic signatures can also depend on factors beyond the technology itself, such as the implementation and management of security measures by the parties involved in the electronic signature process.

To ensure the security of electronic signatures, it is advisable to use reputable electronic signature platforms or services, follow best practices for information security, and stay updated on emerging technologies and security standards.

What documents can be signed electronically?

The ETA provides a legal framework for the use of electronic signatures. They state that electronic signatures are generally admissible in legal proceedings and are considered legally equivalent to handwritten signatures. As a result, a wide range of documents can be signed electronically in Australia.

Some examples of documents that can be signed electronically include:

• Contracts: Various types of contracts, such as sales agreements, lease agreements, employment contracts, and service contracts, can be signed electronically.
• Agreements: Non-disclosure agreements (NDAs), partnership agreements, licensing agreements, and other similar agreements can be signed electronically.
• Financial Documents: Loan agreements, mortgage documents, promissory notes, and other financial documents can be signed electronically.
• Consent Forms: Consent forms for medical treatments, research studies, or participation in activities can be signed electronically.
• Business Documents: Business letters, invoices, purchase orders, and other business-related documents can be signed electronically.
• Government Forms: Many government forms, such as tax forms, permit applications, and license applications, can be signed electronically.

However, it's important to note that certain types of documents may have specific requirements or formalities that may not be suitable for electronic signatures. For example, wills or enduring powers of attorney often require specific formalities and may not be appropriate for electronic signatures.

It's always recommended to consider the specific legal requirements and consult with legal professionals for specific documents or situations that may have unique signing requirements.

Legal advice

Our highly experienced solicitors at our sister company, Legal Kitz can provide you with advice that is tailored to your situation, ensuring that your concerns are addressed. You can also request to book a FREE consultation or contact them at info@legalkitz.com.au or 1300 988 954. You can also check out our Business Kitz subscription service today to begin your business with a solid foundation that ensures compliance.