Common use of Electronic Authentication and Electronic Signatures Clause in Contracts

Electronic Authentication and Electronic Signatures. 1. Except as provided for under its laws and regulations, 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 any measure for electronic authentication or electronic signatures that would: (a) prohibit parties to an electronic transaction from mutually determining the appropriate electronic authentication methods or electronic signatures 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 electronic authentication or electronic signatures. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the electronic authentication methods or electronic signatures meet certain performance standards or are certified by an authority accredited in accordance with its laws and regulations.

Electronic Authentication and Electronic Signatures. 1. Except as in circumstances provided for under its laws and regulationslaw, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form. 2. Neither A Party shall not adopt or maintain any measure measures for electronic authentication or and electronic signatures that would: (a) prohibit parties to an electronic transaction from mutually determining the appropriate electronic authentication methods or electronic signatures 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 a legal requirements requirement with respect to electronic authentication or electronic signatures. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the electronic method of authentication methods or electronic signatures meet signature meets certain performance standards or are is certified by an authority accredited in accordance with its laws and regulationslaw. 4. Each Party shall encourage the use of interoperable electronic authentication.

Electronic Authentication and Electronic Signatures. 1. Except as in circumstances otherwise provided for under its laws and regulations, a neither 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 any measure Taking into account international norms for electronic authentication or electronic signatures that wouldauthentication, each Party shall: (a) prohibit parties permit participants in electronic transactions to an electronic transaction from mutually determining the determine appropriate electronic authentication methods or technologies and implementation models for their electronic signatures for that transaction; ortransactions; (b) prevent parties to an not limit the recognition of electronic transaction from having authentication technologies and implementation models for electronic transactions; and c) permit participants in electronic transactions the opportunity to establish before judicial or administrative authorities prove that their transaction complies electronic transactions comply with any legal requirements its laws and regulations with respect to electronic authentication or electronic signaturesauthentication. 3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the electronic method of authentication methods or electronic signatures meet meets certain performance standards or are is certified by an authority accredited in accordance with its laws and regulations. 4. The Parties shall encourage the use of interoperable electronic authentication.