Best Practices in Electronic Signatures A comparative study of Saudi Arabia and United Kingdom

Abstract

Abstract The rapid developments in technology, communication and information systems have significantly impacted traditional rules and laws. Thus, the methods of Internet communication, including the signing of contracts, have also evolved. Signatures have evolved from being used on paper to being used over the internet on electronic documents. In countries where e-signatures are recognised, they have the same authority as handwritten signatures in specific areas defined by respective laws. Furthermore, the continuing increase in business transactions being conducted over the internet due to global health concerns means that the physical presence of parties when signing contracts has become less commonplace, thereby increasing the reliance on the electronic option. However, the adoption of e-signature laws continues to present challenges and validity issues. The current study sets out to analyse the extent of the authoritativeness of signing electronic contracts (e-contracts) in evidence. The study methodology is analytical because the main research aim is to critique the associated legislation, comparing the baselines in Saudi Arabia and the UK in order to recommend the optimum practices. As its central idea, the paper explores the controversy about the best practices and solutions to the e- signature's challenges and the extent of national efforts to protect the e- signature. It highlights the similarities, and differences between Saudi and British law, the challenges that legislators experience, and the way they are handling these challenges. Finally, the study offers credible and actionable recommendations in an attempt to resolve the problems identified with e- signatures. The major recommendations include formulating laws concerning e- signature cyber security and standardizing practices for e-signature certification service providers to increase the confidence among stakeholders. The main challenges associated with e-signatures are concerned with risks related to fraud, validity, and compliance with the regulations. Consequently, the primary recommendations to resolve such issues are to build up laws regarding strengthening e-signature cyber security and standardizing practices for e- signature certification service providers to boost confidence among corporations as well as the public since there is still a high preference for handwritten signatures in numerous business settings.