How Are Electronic Records Authenticated to Get Legal Recognition

In general, these rules are not variable by agreement within the framework of ESIGN or UETA; However, under UETA, while the underlying legal requirement that information be provided in writing or by a particular delivery method may be modified by agreement, the requirement that an equivalent electronic record may be stored or delivered in the same way as a written record may also be waived.15 If the law requires: whether the data is reserved or offered in original form, this condition may also be fulfilled by the storage or submission of data. data in the form of electronic records. Electronic signatures are often added as graphical symbols or embedded in electronic records. Some types of electronic signatures, such as clickable signatures, are typically not attached or embedded in the electronic record. These signatures are often logically linked to the signed electronic record through an audit trail that links the signature to the signed electronic record – this is often part of the same process used to determine the attribution of the electronic signature to the signer (see below). tamrakar, V., & pal, P. E-contracts & its legality – Author – Vasudha Tamrakar & Pratibha Pal. Legalserviceindia.com. Retrieved March 15, 2015. by www.legalserviceindia.com/articles/ecta.htm Since electronic signatures are mandatory and have a similar legal effect, it is important that users be careful when using them. A wider scope of electronic signatures opens up the possibility of efficient work, particularly in the fields of finance, banking and law. This is a hassle-free authentication method and therefore has a very big scope for the future to come.

The world has moved to online support where professionals and users use electronic signatures on a daily basis, it is important to have an effective authority system that fills the gaps in the laws and regulations currently in force. Electronic encryption is more or less a modern phenomenon and therefore remains a complex process. It also defines where such electronic signatures can be used and where they are not allowed, giving a clear picture of India`s position on the legality of electronic signatures. Given the current era, when virtual mode of being has become a necessity for every individual, caution and appropriate guidance regarding the consequences of using electronic signatures should be provided in business configurations. Electronic signatures have the potential to represent the greatest opportunities to accelerate the transition to digitization. The vision of digital India can be supported by a better authentication mechanism and the frequent use of electronic signatures. The use of electronic signatures authenticated through certification authorities in locations where physical signatures are not required can serve as a way forward. In addition, it would make the transaction process remote and efficient for both the signatory and other relevant authorities. Various sections of the Information Technology Act 2000 deal with the recognition of electronic documents, the extent of their use and their scope in today`s world.

Section 4 of India`s Information Technology Act, 2000 legally recognizes electronic records. Paper documents are treated as electronic records, provided that they are provided in electronic form and accessible in such a way that they can be consulted later. Article 5 legally recognizes digital signatures and assimilates them to handwritten signatures. The authentication of these digital signatures is ensured by digital signatures affixed in the manner prescribed by the central government. Documentation and electronic documents generated by a platform or technological system that demonstrate the provision, display, presentation, access, consent and/or signature, and the ongoing integrity and accuracy of electronic documents. Each party to the transaction must agree to use electronic records and electronic signatures instead of written documents and manual signatures. This Agreement may be expressed or implied by the circumstances, except for consumer transactions where the ESIGN consumer consent process must be followed. The admission of electronic documents as a substitute for writing makes little sense if the documents are not admissible as evidence in litigation.