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Commerce Act (E-Sign)” was signed into law. [9]

E-sign adopted the minimalist approach in regulating electronic signature. It does not give special treatment to a specific technology rather it provides a flexible approach that affords transacting parties the right to decide the type of electronic signature to use and if at all the parties want to use any of the electronic signature or not [10] . E-sign broadly applies to the use of electronic signature in both federal and state commercial transactions as well as international commercial transactions. [11] E-sign provides a required action by the “Secretary of Commerce” to facilitate the recognition and full utilization of electronic signatures in international commercial transactions. The secretary has a mandatory obligation of implementing measures to remove the paper base barriers impeding the development of global electronic commerce.

Both the UETA and E-sign provide that a signature should not be denied legal effect, validity and enforceability because it is in electronic form [12] or an electronic transaction denied legal effect on based on the fact that electronic signature is used to validate a particular transaction. [13] UETA further provides that an electronic signature is legally valid as long as it originated from an individual’s action and is attributed to that person establishing an intention. [14]

Though UETA and E-sign share have a consistent purpose of promoting the full utilization of electronic signatures; in addition create harmonized legal structure to validate further development and recognition electronic documents and signatures [15] , both laws are procedural in nature and subject to written laws that govern the right and obligations of transacting parties, [16] E-sign being a federal legislation aimed at promoting the recognition and application of any form of electronic signatures both at the national and international level often supersedes the provision of UETA and other electronic signature laws in the US. It obligates the secretary of commerce to offer more defined standards to be used in promoting the use of electronic signatures. E-sign significantly makes additional provisions for consumer protection, for example, the consumer must give permission for electronic signatures to be used in authenticating an electronic transaction, and the right to withdraw such consent. [17]

On the other hand, E-sign and the UETA did not make provisions to regulate the conduct of transacting parties, assign liability to certification authority or legally recognize certification authorities and certificates issued in other jurisdictions.

UNITED KINGDOM

In the UK, legislations regulating electronic signature are the Electronic Signatures Regulation [18] (ESR) and the Electronic Communications Act [19] (ECA). The ECA received Her Majesty’s consent two week before the implementation of the Electronic Commerce Directive. [20] Both laws were intended to encourage and promote the utilization of electronic signatures to validate electronic transactions.

In accordance with article 6 of the EU directive, [21] the ESR was enacted. [22] It implemented provisions of article 3(2) of the directive to make provision for supervision of certification authorities; [23] it assigns responsibility on them to protect electronic data [24] and assigns liability on certification