Abstract

The advent and advancement of technology, in particular the digitalisation of commerce and traditional working methods, have introduced a new era of the “digital age” into human history. Digitalisation has taken over many economic activities and industries and is slowly finding its way into the legal system. Internationally, many businesses are using technology to automate their processes and practices, making it much easier, quicker, and cheaper to finalise their products and services. From a legal perspective, several businesses are now concluding commercial transactions and contracts electronically. These new innovations have raised the question of the legal validly of these transactions, in particular the legitimacy of electronic signing and electronic delivery of these documents.
In South Africa, the outbreak of the COVID-19 pandemic prompted many local companies to consider new ways of conducting business without compromising the legality and compliance aspect of operations. Electronic signatures and electronic delivery have consequently become essential tools for concluding legal agreements and conducting other daily business practices. The move to digital signing and delivery has thus become more prevalent across all business sectors and naturally this has given rise to questions on its legitimacy and security.