Common use of Electronic Authentication and Electronic Signatures Clause in Contracts

Electronic Authentication and Electronic Signatures. 1. Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form. 2. Neither Party shall adopt or maintain measures for electronic authentication that would: (a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its law. 4. The Parties shall encourage the use of interoperable electronic authentication.

Electronic Authentication and Electronic Signatures. 1. Except in circumstances otherwise provided for under its law, a A Party shall not deny the legal validity of a an electronic signature solely on the basis grounds that the signature it is made by electronic means, unless otherwise expressly provided for in electronic formits respective legal system. 2. Neither No Party shall adopt or maintain measures for on electronic authentication that would:that (a) prohibit Prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; , or (b) prevent Prevent parties to an electronic transaction from having the opportunity to establish before prove to judicial or administrative authorities that their transaction complies with any legal requirements with respect to requirement regarding authentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with under its lawlegal system. 4. The Parties shall encourage the use of interoperable electronic authenticationsignatures.

Electronic Authentication and Electronic Signatures. 1. Except in circumstances where otherwise provided for under in its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form. 2. Neither No Party shall may adopt or maintain measures for electronic authentication that would: (a) prohibit parties to an electronic transaction from mutually determining the appropriate electronic authentication methods method s for that transaction; or or b) (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their electronic transaction complies with any legal requirements with respect to electronic authentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the method of electronic authentication meets meet certain performance standards standard s or is be certified by an authority accredited in accordance with its the Party's law. 4. The Parties shall encourage the use of interoperable electronic authentication.