What requirements must a digital signature meet to be enforceable in Australian service contracts?

For enforceability, a digital signature must accurately identify the signer, show clear intent to sign, and be associated with the document in a way that prevents unauthorized changes. Compliance with standards like those outlined in the Electronic Transactions Regulations ensures reliability, and parties should retain audit trails or certificates where applicable.

Are there any exceptions where digital signatures cannot be used for Australian supply of services contracts?

Digital signatures are typically permissible for supply of services contracts, but exceptions apply if the contract involves specific legal requirements for handwritten signatures, such as certain guarantees or documents under the Corporations Act 2001. Always consult legal advice to confirm if a particular contract falls under any exclusions.

Are digital signatures valid for Australian supply of services contracts?

Shunfang

2026-02-27

3min

FAQs

Yes, digital signatures are generally valid for supply of services contracts in Australia under the Electronic Transactions Act 1999 (Cth) and equivalent state legislation. These laws recognize electronic signatures as equivalent to handwritten signatures for most contracts, provided the method used reliably identifies the signer and indicates their intent to sign.

Shunfang

Head of Product Management at eSignGlobal, a seasoned leader with extensive international experience in the e-signature industry. Follow me on LinkedIn

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