Morrison & Foerster LLP

Lessons to be learned

• Lesson 1: Most legal rules for handwritten signatures also work well for electronic ones
• Lesson 2: Specific legal rules for electronic signatures (e.g., for liability and evidentiary presumptions) should be enacted with caution
• Lesson 3: Fixing a technical standard by statute, even if “voluntary”, holds dangers
• Lesson 4: Federal countries and international entities (e.g., EU and US) have more difficulty in reaching consensus, but their variety of approaches may ultimately prove an advantage

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