Electronic Signatures
Introduction
With advances in technology and SFU members increasingly learning and working from different locations, electronic signatures (or e-signatures) have become widely used. While electronic signatures improve convenience and efficiency at SFU, it is important to understand their effect and limitations under the Electronic Transactions Act, SBC 2001, c 10 (ETA).
This page summarizes the legal basis for electronic signatures and how they should be used at SFU.
This information is provided for general guidance only and does not constitute legal advice. If you require legal advice regarding the use of electronic signatures, please contact the Office of the General Counsel.
What is the Electronic Transactions Act (ETA)?
The ETA is British Columbia legislation that regulates electronic records, including the use of electronic signatures. The ETA ensures that electronic information and records have the same legal effect as if they were physical, “wet”, or paper-based, preventing transactions from being denied validity just because they are electronic. The ETA applies to electronic information or records at SFU, subject to certain exclusions as noted below.
What is an electronic signature?
The ETA defines electronic signature as “information in electronic form that a person has created or adopted in order to sign a record and that is in, attached to or associated with the record” (s. 1). An electronic signature may look like a typed name, an image of a signature, a digital signature created using an electronic platform, or simply clicking a box in agreement. Under the ETA, if there is a requirement under law for a person’s signature, that requirement will be satisfied by an electronic signature (s. 11(1)).
When can electronic signatures be used?
Subject to the below exceptions, electronic signatures can be used in most routine processes at SFU, such as on letters, forms, agreements, and memoranda of understanding.
When parties are not planning to physically sign an agreement in-person together, it is best practice to include provisions in the agreement which allow for electronic signatures and for the agreement to be signed in “counterparts” (multiple identical copies). Please contact the Office of the General Counsel at ogcmngr@sfu.ca for help drafting such provisions.
When should electronic signatures not be used?
Electronic signatures should not be used for documents which are required to be in a non-electronic format, physically commissioned or notarized, or where a party to an agreement does not consent to the use of electronic signatures. Specifically, the ETA prohibits the use of electronic signatures for the following:
- wills;
- trusts created by wills;
- powers of attorney, to the extent that they concern the financial affairs or personal care of an individual;
- documents that create or transfer interests in land and that require registration to be effective against third parties;
- negotiable instruments or documents of title; or
- where other laws expressly prohibit such.
If you are unsure whether electronic signatures can be used for a particular document or record, it is best to use a non-electronic (“wet” or in-person) signature or get in contact with the Office of the General Counsel at ogcmngr@sfu.ca.
What security measures are needed when using electronic signatures?
It is important that when using electronic signatures that you take security precautions to protect your authorization and personal information. This includes:
- Protecting your electronic signature with a password and not sharing it with anyone;
- Using trusted service providers for electronic signatures that employ strong security measures;
- Regularly patching software to protect against vulnerabilities; and
- Keeping a record of electronically signed documents.
For further information about cybersecurity, please contact Information Security Services at its-help@sfu.ca.