Document(s): 

plc_article_on_e-signature_platforms_final_feb_2017.pdf

External link: 

https://uk.practicallaw.thomsonreuters.com/Document/I0f82f1c5e15811e698dc8b09b4f...

Author(s): 

Richard Oliphant

Year of publication: 

2017

This is an article I published last year in the leading UK legal journal, Practical Law Magazine.

The article looks at the key contractual issues for clients when negotiating terms of use with the provider of an e-signature platform (e.g. DocuSign, Adobe, eSignLive). These issues include authentication and identification of signatories, the scope of warranties, the importance of technical standards (ETSI, ISO, CEN), service levels and the provider's limitation of liability.

The article explains the 3 classes of electronic signature recognised under the EU eIDAS Regulation, and their admissibility and legal effect under EU law. Finally, the article takes a detailed look at the challenges faced by EU-based clients when reconciling their obligations under EU data protection law (viz. EU GDPR) with cloud-based services.

It is more than a year since I published this article and I understand it has provided a useful guide to clients when negotiating terms with platform providers. I am planning to update the article very soon and would be very grateful for comments and observations.

NOTE - THE LINK TO THE PUBLISHED ARTICLE IS NOT AVAILABLE TO THE PUBLIC. PRACTICAL LAW MAGAZINE IS A SUBSCRIPTION-ONLY SERVICE.