Background
The Corona Virus Disease 2019 (COVID-19) pandemic brought about an unprecedented disruption to global business activities. Physical face-to-face activities must be restricted due to ...movement control order (MCO). The clients are required to sign the documents physically in the presence of the solicitor who must subsequently attest to the signature of the clients. The issue arises whether electronic signature (e-signature) and attestation are permissible under the laws of Malaysia. The aim of this research was to study the legality of e-signature and attestation in conveyancing practice in Malaysia and subsequently to propose recommendations to overcome these issues.
Methods
This is qualitative study and not an empirical study. The data was collected by library-based research from various primary and secondary data sources, including case law in Malaysia, written statutes, publication of journal and article.
Results
The Digital Signatures Act 1997 (DSA) and the Electronic Commerce Act 2006 (ECA) have legalised e-signatures. The DSA is the law that governs the digital signatures in Malaysia. ECA has listed a few documents which are not legally accepted if signed electronically, namely Power of Attorney, the Wills and codicils, the Trusts, and negotiable instruments. However, with regards to the issue of attestation of these documents, there are no clear laws which govern the attestation. The legal issue arises when the lawyers who have attested these documents are liable to be called as witness under the Evidence Act 1950 to testify their signature if these documents are tendered as evidence in any court proceedings.
Conclusion
Thus, it is suggested that there is a need for unique legal framework for e-signature and attestation in Malaysia due to the lack of specific laws which govern the issues of electronic signature and attestation.
As a result of technological development and digitization, new legal transactions and contracts, carried out through electronic devices, do not require the presence of the parties during the ...contract, and given the seriousness of this type of behavior, particularly those relating to the financial aspect, safeguards had to be provided to remove these obstacles, the electronic signature is one of the most important safeguards associated with electronic transactions, which can only be assigned to their owners and identified by their respective owners. It concluded that the Moroccan legislator, as well as the Algerian and French legislations, had approved the insured electronic signature, provided that it acquired all legal requirements, such as documentation and its ability to identify the personality of its editor, expressing its will, highlighting the link between the signature and its owner, with a secure certificate.
Indonesia is in an era of globalization, it can be seen by the era of technology that introduced the virtual world (cyberspace, virtual world) through internet networks, communication with electronic ...media without paper. The development of electronic signature technology has been implemented in Indonesia. The existence of electronic signatures has begun to replace conventional signatures in several places on the grounds of using technology to make it easier. The ІTE Act already guarantees electronic signatures. GMS can be held using electoral media. However, the GMS with electronic media must be approved and signed by the GMS participants. In the notary deed, the minutes of the GMS are included in the release deed. Preparation of a notary deed of the GMS minutes using an electronic system must be signed by all GMS participants. Participants who attend the meeting via video conference can use the signature using the electronic system. Legal Issues in this Research There are unclear norms related to signatures which are described in the Law on Notary Position. This research is normative law research. From the results of the research using the above method, the author obtains answers to the problems regarding the Law of Signing Notary Deeds Using Electronic Signatures.How to cite item: Lubis, N., (2021). Implikasi yurіdіs penandatanganan akta dі hadapan notarіs dengan menggunakan tanda tangan elektronіk. Jurnal Cakrawala Hukum, 12(3), 314-325. doi:https://doi.org/10.26905/idjch.v12i3.5114.
The aim of the article is to present the legal provisions used to identify taxpayers (and similarly other entities) using electronic communication in the times of COVID-19, in the light of the ...construction of public ICT systems for submitting declarations and applications. The COVID-19 pandemic accelerated the IT transformation, including the benefits of switching to digital tools, unless the legislator had already imposed an obligation to use electronic communication. For tax purposes, the range of possible signatures has not been limited to a qualified electronic signature, a trusted signature, a personal signature, and possibly a simple identity verification mechanism using an account in an ICT system secured only with a password. It is often used to sign the so-called “authorization data” (“tax data”). The new facilitations in the field of creating a trusted profile should translate into the popularization of the trusted signature, especially as there are more and more non-tax online services provided by public entities.
the importance of proof is not controversial in the field of all law branches, because it is the first step to protect rights. the development in different domains influences the legal proof of acts, ...considering that the question of law and statutes making is attached the daily life which characterized nowadays by the use of technology and the new and developed technical means, the fact that leads individuals to use this tools in concluding e-commerce contracts, defined as acts contracted on electronic supports.
With the new legislative framework in the Republic of Croatia, the terms electronic list, electronic seal and electronic time stamp are given a central role in the activities of state authorities, ...other state bodies, local and regional (regional) self-government units and legal entities with public powers, i.e. public law bodies. However, the question arises as to how ready the aforementioned bodies are to transform their current work model and adapt to the changes introduced by the new legislative framework. The prerequisites for the aforementioned legislative changes were set by the European Union through its legislation, which is mandatory in all member states. Also, one of the biggest challenges that appears is the lack of knowledge of the aforementioned legislative framework, its provisions and the meaning, i.e. the legal force of the terms electronic signature, electronic seal and time stamp. Accordingly, in this paper author will explain in more detail their meaning within the framework of the legislation of the European Union and the Republic of Croatia.
The article presents the course of research on the safe use of the Internet, carried out on a group of 200 respondents aged 10-60 and more. Particular attention was paid to the threat of ransomware ...and other threats on the Internet. Computer-aided survey research was carried out. Survey results were analyzed using a frequency analysis and a Pearson-Spearman correlation analysis. The conducted research showed an unsatisfactory level of knowledge in the field of cybersecurity for the age groups 10-15 and 60 and more, and it was sufficient for the age groups 20-24. The problem has become especially topical given the impact of the COVID-19 pandemic on teaching and remote work and remote communication in families.
The purpose of Directive 1999/93 / EC on the Community framework for electronic signatures is to facilitate the use of electronic signatures. Digital signatures are incredibly important as they ...prevent fraud in e-commerce transactions. A legal framework for electronic signatures is established to ensure the smooth functioning of the internal market. This article aims to interpret the European framework for digital signatures.
Member States shall at least ensure that, when issuing a certificate, the certification body is liable for any damage caused to any entity or natural or legal person reasonably based on the certificate:
(a) the accuracy, at the time of issue, of all the information contained in the recognized certificate.
(b) ensure that, at the time of issue of the certificate, the signatories identified on the recognized certificate were the holders of the signature-creation data corresponding to the signature verification data referred to or specified in the certificate;
Member States shall at least ensure that the certified provider is liable for any damage caused to any entity or natural person who reasonably relies on the certificate, unless the certifying provider proves that it did not act negligently.
Member States shall ensure that a certified service provider may indicate in a recognized certificate restrictions on the use of that certificate.
Member States shall ensure that a certification-service-provider may indicate on the recognized certificate the limits on the amount of transactions for which the certificate may be used. For all of the above, the certification service provider is not liable for damages resulting from exceeding these limits.
The article considers the issues of ensuring the implementation of certain areas (types) of activities in the field of fire safety, as well as provides an overview of the current changes in the ...regulatory legal acts of the Russian Federation governing them, the program of risks prevention of harm (damage) to legally protected values in the implementation of Federal state licensing control (supervision) of activities in the field of fire safety for 2024. The article also contains legislative norms, entering into force not earlier than in 2025, that establish the procedure for qualification confirming of persons engaged in fire safety activities.
The use of electronic signatures as a form of identification is increasingly common, yet they have been shown to lack the dynamic features found in online signatures. In this study, handwritten ...signatures were scanned to produce electronically scanned signatures (ESS) which were then digitally altered to produce digitally constructed signatures (DCS). The ESS and DCS were presented back to participants to identify which were genuine. Only 1% of participants correctly identified all signatures, with a mean score of 57.6% identifications. The lack of self-recognition of ESS raises questions on their reliability and usefulness as means of personal identification.
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