The legal value of an electronic signature depends on the person who applied it, the identity of that person and the fact that the signed data did not change after the signing. In practice, parties can obtain consent by inserting language into their agreements that an electronic or digital signature or recording has the same effect as a signature or physical recording in wet ink. Under a commercial contract: Several courts have the address in which an email can be used as a binding contract. In short, an email may be a handwriting capable of being a contract if signed by the party, or someone who has the right to engage the party and who contains the terms of the contract. Of course, the signature required on the email must be a valid electronic signature. A (relatively) new issue in contract law is when an electronic signature functions as an ordinary paper letter signature to attach it to an agreement. Examples of electronic signatures are the entry of your own name at the end of an email, the click of a „I agree” button, or the entry of your name or code, password or PIN in a field in an electronic form. Electronic signatures must be taken into account with respect to a counterparty clause, since these signatures are generally used for agreements signed by parties who are not in the same place and who each sign electronic „copies” of the same agreement. No, there is no need to sign a printed version of a contract for it to be effective.
If the electronic signature is disadvantaged by the signatory`s intention to be bound by the contract, it does not matter whether it is signed electronically or otherwise. In practice, this means that the parties can count on a copy of a contract signed and/or exchanged electronically. Counter-parties are generally used when contract signatories are in different locations and contracts should include clauses allowing the use of intercom points. This clause generally states that each correspondence, signed, „must be considered original” and that all the considerations combined are a document. In the law, a pendant is a double document. The term „counterparty” is used in legal documents to describe a copy of a signed contract, considered legally binding, just like the original.