Industry Working Group on the Electronic Execution of Documents

Provides best practice guidelines for the electronic execution of documents, with a view to improving standards, reliability and security.

The Industry Working Group (IWG) aims to ensure that the law and legal system of England and Wales are at the forefront of adapting to innovations in digital technology.

Consultation

Your views are being sought in order to inform the IWG’s analysis of this certification question in the Final Report.

The consultation comprises:

If you wish to submit a response to this consultation, please send it (in Word or PDF form) by 9th September 2022 to IWGsecretariat@justice.gov.uk Please state “IWG consultation” in the subject line of your email.

Role of the Group

The IWG was set up by the Ministry of Justice following a recommendation by the Law Commission, which the Lord Chancellor welcomed and implemented.

The Law Commission’s 2019 Report found that while e-signatures are legally valid for most purposes in England and Wales, the residual lack of clarity and confidence around their use risks hindering their uptake.

The government sees the IWG as playing an important role, alongside existing law reform projects, in ensuring that the UK is a centre for legal excellence in developing the law to support and facilitate digital trade and commerce.

More information about the IWG

The IWG’s Interim Report was published on 1st February 2022. It sets out the Group’s analysis of the current situation in England and Wales and identifies accessible best practice guidance based on existing technology, including specific considerations for vulnerable individuals. It also makes recommendations for law reform and suggests related topics for future analysis.

The IWG’s Final Report was published in February 2023. The report completes the objective of the Industry Working Group to promote and facilitate the electronic execution of documents by matching appropriate solutions to the requirements of parties and to the problems they might face. It addresses the remaining Terms of Reference: to consider the challenges arising from the use of electronic signatures in cross-border transactions; how to address them; and how best to use electronic signatures to optimise their benefits when set against the risk of fraud. The Final Report also sets out the Group’s recommendations for reform including recommendations for enhanced certification and self-certification, and a uniformity of approach to e-signing and online identification.

The group is sponsored by the Ministry of Justice.

Terms of reference

  • consider how different technologies can help provide evidence of identity and intention to authenticate when documents are executed electronically

  • consider the security and reliability of different technologies used to execute documents electronically

  • produce best practice guidance for the use of electronic signatures in different commercial transactions, focusing on procedural steps to be followed, evidence, security and reliability where documents are executed electronically

  • produce best practice guidance for the use of electronic signatures where individuals, in particular vulnerable individuals, execute documents electronically

  • consider challenges arising from the use of electronic signatures in cross-border transactions and how to address them

  • consider potential solutions to the practical and technical obstacles to video witnessing of electronic signatures on deeds and attestation

  • consider how these potential solutions can protect signatories to deeds from potential fraud

  • to make recommendations to government and others on proposals in areas where the group consider reforms should be made

Current membership

The IWG is overseen by Lord Justice Birss, Deputy Head of Civil Justice for England and Wales.

Chairs:

The IWG is co-chaired by Mr Justice Fraser, a High Court Judge, and Professor Sarah Green, the Law Commissioner for Commercial and Common Law.

Members:

Members are experts drawn from the legal, business and technology sectors:

  • Catherine Goodman
  • Charlotte Ponder
  • Chris Jones
  • Elizabeth Wall
  • Eoin O’Reilly
  • John Jolliffe
  • Jonathon Read
  • Michael Lightowler
  • Neil Singer
  • Quintus Travis
  • Simon James
  • Simon Law

Contacts:

The secretariat is provided by the Ministry of Justice: IWGsecretariat@justice.gov.uk

Contact details

IWGsecretariat@justice.gov.uk

Contents