The question of whether an email is legally valid keeps coming back. This is probably because there is no signature underneath. Can you issue or accept an order by email despite the lack of a signature, can you provide general terms and conditions by email, can you agree to a proposal etc. etc.?
The signature
Our legal system does not require a signature for, for example, the conclusion of an agreement or the agreement with a proposal. Our legal system only requires a declaration for this. The purpose of a signature under, for example, a contract is usually to prove that the party concerned agrees with the content. If a party denies that it is his signature, the other party will have to prove that it is. That is a difficult task.
Free of form
Except for some exceptions provided for by law, statements and notifications can be made in any form or can be evidenced by conduct. For example, making an offer is a statement, as is accepting it, and can be made by e-mail. The fact that there is no signature underneath usually does not matter much. If you are making a statement on behalf of a company, preferably use the e-mail address of that company.
Denial statement
It is different when the recipient relies on a statement from the sender (for example, an agreement on a quote), but the sender denies that the e-mail is from him. In that case, the judge will have to assess what is more credible. The e-mail or the denial. In doing so, he will have to take into account all the circumstances of the case. In this situation, a signature would therefore provide a solution. That is also the reason why the electronic signature is on the rise.
Never received email?
The other way around is when the sender declares something by e-mail, for example by sending an invoice, and the recipient disputes having received it. In that case, the sender has the difficult task of proving that the recipient did indeed receive it. A reply from the recipient will certainly provide a solution.
Electronic signature?
To increase the authenticity of a statement, the electronic signature is on the rise. Partly comparable to this is perhaps the registered e-mail. This will only offer complete relief if the sender can prove that the recipient has actually received it.
Conclusion
The e-mail is certainly suitable for business transactions, making appointments, concluding agreements, providing general terms and conditions, etc. The not obvious authenticity and the lack of proof of receipt can cause problems. It is therefore advisable to work with business e-mail addresses and to ask the recipient of important messages to confirm receipt with a single word. If you want more certainty, then e-mail your statement as a PDF with a signature in it or use a digital signature.
By Mr. ing. FHG (Frank) Meijers MBA Legal expert lawyer / partner at Flexadvocaten, partner of FHI
Nederlands