Introducing digital signatures in business contracts?

[Toxik - Fabian Rodriguez]

Hello,

I would like to introduce provisions for electronic signatures as valid
means of determining the author of a communication via email, in a
contractual way (this is part of a contract for services). I would like to
have comments from users of GnuPG/PGP in order to have the most
clear/accurate text possible. I'd be glad to post back the final text
if/when it reaches some level of "maturity". I am interested in the
particulars of either naming the technologies permitting digital signing or
defining them. I our case, we' d like this to be either S/MIME (eg. Thawte)
or PGP type signatures. There's also a debate (here, internally :) about
what to do of faxes...

This is what we have:


4.2	Electronic Communications
(a)	Definitions
For purposes of this Agreement:
. "Document" means information that is inscribed on a tangible medium or
that is stored in an electronic or other medium and is retrievable in
perceivable form.
. "Electronic document" means a document created, generated, sent,
communicated, received, or stored by electronic means.
. "Electronic mail" means an electronic document delivered by electronic
means.
. "Electronic signature" means an electronic sound, symbol, or process
attached to or logically associated with a record and executed or adopted by
a person with the intent to sign the record.
. "Identification code" shall be an electronic signature, including at least
one trust verification generated from other electronic signatures (eg.
third-party signature or notarization)

The Parties' representatives may communicate between themselves by
electronic mail means, in which case, the following presumptions shall
apply:
a)	the presence of an identification code in an electronic document shall be
sufficient to identify the sender and to establish the authenticity of the
said document;
b)	an electronic document containing or accompanied by a related
identification code shall constitute a written instrument signed by the
sender; and
c)	an electronic document or any printed output of such document, when kept
in accordance with usual business practices, shall be considered to be an
original.
The Parties' representatives may also communicate between themselves by
telecopier, provided an electronic copy of such communications has been
previously presented by an electronic document, duly accompanied by an
electronic signature.



Any comments/suggestions  welcome.

Thank you,

Fabian Rodriguez - Toxik Technologies Inc.
www.Toxik.com - PGP: 0x5AF2A4D5