The term "electronic signatures" covers a broad range of technologies. Following on from the Law Commission's report on the electronic execution of documents (mercifully published pre-pandemic in 2019), an Industry Working Group, convened by the government, has now published their interim report on the topic.

One of the key recommendations made in the interim report is the need to look again at reforming the law in order to drive adoption of the most secure type of e-signatures. By way of explanation, broadly there are three categories of electronic signature:

• Simple e-signatures - which can be applied using a finger or stylus on a touchscreen device. 
• Advanced electronic signatures (AES) - which require a link between the signature and the signatory with a view to providing a degree of identity authentication - for example, a one time passcode sent via text message, as is required for any electronic signature on Land Registry-bound documents.
• Qualified electronic signatures (QES) - which require additional technological protection plus the involvement of a third party qualified trust service provider who certifies the signature based on extra layers of verification, for example by a video call with the signatory, whilst they display their passport in hand. 

Of these three, QES is the only electronic signature type which carries the same presumption of authenticity as a wet-ink signature. However, use of QES in the UK is currently very limited, partly because where a signature must be witnessed, the signatory needs an in-person witness, as well as complying with the other QES formalities. 

This could be overcome, the report suggests, by developing a common policy for "QES with witness signatures", or through a change in the law to allow that the requirement for a witness is dropped where QES is used.  Accordingly, the Working Group strongly recommends that reform of the law in this area should be considered by the Law Commission as a priority. So watch this space...