Proof as to Electronic signature
AI Assist
Summary
If an electronic signature on a record is alleged to belong to a subscriber, the person making that allegation must prove it, except where the signature is a secure electronic signature. In short, the burden of proving the signature lies on the party who says it is the subscriber’s. Without proof, the alleged signature may not be accepted.
Example
Priya presents a sale agreement that appears to carry Rohan’s electronic signature, and the buyer denies Rohan signed it. Because the signature is not a secure electronic signature, Priya (who alleges it is Rohan’s) must prove that Rohan actually affixed the e-signature, or the claim will fail.
Bare Act
Enacted textExcept in the case of a secure electronic signature, if the electronic signature of any subscriber is alleged to have been affixed to an electronic record, the fact that such electronic signature is the electronic signature of the subscriber must be proved.
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