Matt Sanders
Managing Partner
Guernsey
Jan 31, 2025
KEY TAKEAWAYS
The key legislation is the Electronic Communications (Jersey) Law 2000 (as amended) in Jersey (the "Jersey Law") and the Electronic Transactions (Guernsey) Law 2000 (as amended) (the "Guernsey Law") in Guernsey.
Neither law makes a distinction between exchanges of emails, application of signatures using specialist apps (such as DocuSign), copying snipping or scanning and pasting of PDF signatures into PDF documents, or typing in of names in bold capitals instead of signatures. Each of these methods may be valid, binding and enforceable provided that the communications between the parties and the intention to create a formal contract are clear, and the parties have not otherwise agreed between them that contracting in this way will not be sufficient to create legal relations.
Under the Jersey Law, the term "electronic signature" means "a signature in electronic form attached to or logically associated with an electronic communication or electronic record" and "signature" includes "any symbol executed or adopted, or any security procedure employed or adopted, using electronic means or otherwise by or on behalf of a person with intent to authenticate an electronic communication or electronic record".
The Jersey Law notes, as a general principle, that "information shall not be denied legal effect, validity or enforceability, solely on the grounds that it is in electronic form".
Following an amendment to the Jersey Law in 2022, the following was clarified:
The Guernsey Law was a welcome addition to Guernsey legislation when it came into effect, clarifying that the use of e-signatures is supported and encouraged in Guernsey. The Guernsey law states that a contract shall not be denied legal effect, validity or enforceability solely because the contract was made in electronic form or by electronic means. Nor would such a contract be denied admissibility in evidence solely because it is in electronic form. Generally speaking, e-signatures in Guernsey are equivalent to wet ink signatures, subject to such restrictions within a Guernsey company's constitutional documents. There are, however, some specific types of documents to which the Guernsey Law does not apply (eg trusts, powers of attorney, wills and conveyances). These types of documents are usually executed in paper form.
In the market, we regularly see the adoption of e-signature software and platforms, which allows for the digitalisation of the contract making and signature process at every stage in the signature process.
Businesses should also bear in mind the following practical points relating to the ongoing use of electronic signatures:
Key Contacts
Managing Partner
Guernsey
Partner, Walkers (CI) LP
Jersey