Many South Africans have email signatures, but legal experts have warned that these signatures can be legally binding. <\/p>\n\n\n\n
South Africans are increasingly turning to digital documents to facilitate the electronic signing of documents. <\/p>\n\n\n\n
However, it is crucial to understand how email signatures and electronic communications can legally bind you to contract changes.<\/p>\n\n\n\n
Daniell\u00e9 Giannico and Nikita Lalla from LNP Beyond Legal broke down some of the Key Takeaways from the Electronic Communications and Transactions Act 25 of 2002 (ECT). <\/p>\n\n\n\n
Most well-drafted contracts include a non-variation clause, which essentially states that no changes to the agreement are valid unless they\u2019re in writing.\u00a0<\/p>\n\n\n\n
Both parties or their authorised representatives must also sign the agreement. These clauses aim to prevent unintended amendments. <\/p>\n\n\n\n
That said, the ECT ECT Act introduced a new layer of complexity and defines two types of electronic signatures: <\/p>\n\n\n\n
Under the ECT Act, an ordinary electronic signature is valid if it is intended as a signature and is logically associated with the data\/message. <\/p>\n\n\n\n
\u201cThis means that even a simple email footer, if it contains your name and designation, can meet the legal threshold for a signature,\u201d said the experts. <\/p>\n\n\n\n
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