(1) If, under a State law, a person’s signature is required, the requirement
is taken to have been met for an electronic communication if—
(a) a method
is used to identify the person and to indicate the person’s intention in
relation to the information communicated; and
(b) the method used was
either—
(i) as reliable as appropriate for the purposes for which the
electronic communication was generated or communicated, having regard to all
the circumstances, including any relevant agreement; or
(ii) proven in fact
to have fulfilled the functions described in paragraph (a) , by itself or
together with further evidence; and
(c) the person to whom the signature is
required to be given consents to the requirement being met by using the method
mentioned in paragraph (a) .
(2) The reference in subsection (1) to a law
that requires a signature includes a reference to a law that provides
consequences for the absence of a signature.
