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James Heinicke
Partner | Legal
Cayman Islands
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James Heinicke
Partner
Cayman Islands
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Insight
14 April 2020
Cayman Islands
6 min read
Introduction
In light of the COVID-19 pandemic and with many people around the world working remotely, we have received a number of queries from clients who are increasingly considering the use of digital contracts and electronic signatures (e-signatures). To help minimise disruptions and ensure that your business continues to run smoothly over the coming weeks, please see below a summary of the legal position in the Cayman Islands and some practical advice on implementation.
The enforceability of digital contracts and electronic signatures is governed by the Electronic Transactions Law (2003 Revision) (ETL). In summary:
Please note that the ETL does not apply to any document or signature relating to the creation, execution, variation or revocation of a will or other testamentary instrument.
Digital contracts under the ETL
The ETL provides that, subject to any provision to the contrary in an offer, any offer, acceptance of an offer and information relating to payment and consideration can be expressed by electronic means. In addition, the legal effect or validity of statements and declarations is not affected solely because such statements or declarations are in an electronic form.
Therefore, provided that the relevant documents meet the general requirements of a binding contract under Cayman law, the use of digital contracts does not affect their validity or enforceability. By way of example, this may include using online portals to negotiate, amend, upload and/or transmit contractual documents.
Electronic signatures under the ETL
Under the ETL, electronic signatures have the same legal effect as a wet ink signature provided that the electronic signatures, and the method of creating such electronic signatures:
An electronic signature is deemed "reliable" if:
Under the ETL, any person relying on an electronic signature shall bear the legal consequences of the failure to take reasonable steps to verify the reliability of an electronic signature.
Please note the following practical considerations you may wish to take into account with respect to the use of and reliance upon electronic signatures:
Cayman Islands Monetary Authority (CIMA)
CIMA has recently issued public notices in relation to electronic signatures and certification or notarisation of documents. To date, the following measures have been adopted by CIMA to lessen any challenges its licensees and registrants may face:
The Ogier approach
As part of our commitment to innovation as a core pillar of our service delivery, Ogier has invested heavily in technology over the past few years to enhance the way we do business and deliver our services to clients. This places us in a position of strength in these challenging times. A few examples of how we can assist include:
Ogier's team is fully versed in the use of Electronic Signatures and Digital Contracts across our global jurisdictions. We can also prepare digital contracts for electronic signature on our clients' behalf, enabling them to benefit from the technology without needing to invest in the infrastructure themselves. To find out more, contact any of the team members on the right or visit our online services page.
James Heinicke
Partner | Legal
Cayman Islands
James Heinicke
Partner
Cayman Islands
Contact James
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Cornelia Zhu
Senior Associate | Legal
Cayman Islands
Cornelia Zhu
Senior Associate
Cayman Islands
Contact Cornelia
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James Bergstrom
Partner | Legal
Cayman Islands
James Bergstrom
Partner
Cayman Islands
Contact James
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Angus Davison
Partner | Legal
Cayman Islands
Angus Davison
Partner
Cayman Islands
Contact Angus
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Joanne Huckle
Partner | Legal
Cayman Islands
Joanne Huckle
Partner
Cayman Islands
Contact Joanne
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Marc Kish
Partner | Legal
Cayman Islands
Marc Kish
Partner
Cayman Islands
Contact Marc
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Bradley Kruger
Partner | Legal
Cayman Islands
Bradley Kruger
Partner
Cayman Islands
Contact Bradley
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Nick Rogers
Partner | Legal
Cayman Islands
Nick Rogers
Partner
Cayman Islands
Contact Nick
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Justin Savage
Partner | Legal
Cayman Islands
Justin Savage
Partner
Cayman Islands
Contact Justin
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Giorgio Subiotto
Partner | Legal
Cayman Islands
Giorgio Subiotto
Partner
Cayman Islands
Contact Giorgio
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Kate Hodson 凯特·赫臣
Partner and Head of ESG (Legal) 合伙人 | Legal
Hong Kong
Kate Hodson 凯特·赫臣
Partner and Head of ESG (Legal) 合伙人
Hong Kong
Contact Kate
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Nicholas Plowman 包乐文
Partner 合伙人 | Legal
Hong Kong
Nicholas Plowman 包乐文
Partner 合伙人
Hong Kong
Contact Nicholas
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Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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