JERSEY - Amendments to the Electronic Communications (Jersey) Law 2000
09/03/2022
The Government of Jersey has approved modernising amendments to the Electronic Communications (Jersey) Law 2000 (the ESigning Law).
The amended legislation will come into force on 11 March 2022.
What are the key changes?
- They clarify that the remote witnessing of signatures by audio-visual link is legally valid.
- Where a person is required or authorised to sign a document,
- That person (Person A) may authorise another person (Person B) to attach Person A's electronic signature to the document on Person A's behalf, and
- That document will then bind Person A as if they had been the person who attached their signature to it.
- There will be an express statement to the effect that
- A signature, seal, attestation or notarisation is not to be denied legal effect, validity or enforceability only because it is in electronic form.
What practical steps should businesses consider taking in light of these changes?
- Businesses should introduce internal policies to explain when their personnel may and may not make use of electronic signatures and electronic witnessing.
- Businesses should consider whether the precautions taken to authenticate the identity of persons signing electronically or witnessing remotely (for instance, as provided in software packages such as DocuSign) are appropriate to their needs.
Source
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As well as owning and publishing Comsure's copyrighted works, Comsure wishes to use the copyright-protected works of others. To do so, Comsure is applying for exemptions in the UK copyright law. There are certain very specific situations where Comsure is permitted to do so without seeking permission from the owner. These exemptions are in the copyright sections of the Copyright, Designs and Patents Act 1988 (as amended)[www.gov.UK/government/publications/copyright-acts-and-related-laws]. Many situations allow for Comsure to apply for exemptions. These include 1] Non-commercial research and private study, 2] Criticism, review and reporting of current events, 3] the copying of works in any medium as long as the use is to illustrate a point. 4] no posting is for commercial purposes [payment]. (for a full list of exemptions, please read here www.gov.uk/guidance/exceptions-to-copyright]. Concerning the exceptions, Comsure will acknowledge the work of the source author by providing a link to the source material. Comsure claims no ownership of non-Comsure content. The non-Comsure articles posted on the Comsure website are deemed important, relevant, and newsworthy to a Comsure audience (e.g. regulated financial services and professional firms [DNFSBs]). Comsure does not wish to take any credit for the publication, and the publication can be read in full in its original form if you click the articles link that always accompanies the news item. Also, Comsure does not seek any payment for highlighting these important articles. If you want any article removed, Comsure will automatically do so on a reasonable request if you email info@comsuregroup.com.