Signing the Future: How E-Contracts Are Redefining Global and Indian Contract Law.

Author: Rishabh Sharma, University of Allahabad, Prayagraj.

The advancement of digital technology has brought about a substantial change in contract law, resulting in the emergence of electronic contracts (e-contracts) and digital signatures, which have revolutionised the way agreements are formed, implemented, and upheld. This research paper also reflects how these advancements affect the existing law of contracts at both the global and Indian levels. In e-contracts, you do not require physical documentation, and the use of digital signatures improves their security using cryptographic algorithms. The Information Technology Act 2000 regulates laws concerning e-contracts and electronic signatures in India, among other things, but it is widely misunderstood and carries its limitations, including but not limited to extra-jurisdictional limits, applicability across borders, and protecting data privacy, among others.

Internationally, laws such as the EU’s eIDAS Regulation and the U.S. E-SIGN Act established higher standards for interoperability and security, which can teach how Indian law can evolve. The digital divide is further exacerbated by the challenges in enforcing e-contracts, especially in underdeveloped villages where the infrastructure is poor. The paper highlights the importance of harmonised international standards, strong cybersecurity measures, and inclusive digital infrastructure to unlock the full potential of contracting digitally. Whether these gaps are addressed, e-contracts and digital signatures will become secure, reliable, and universally enforceable, enabling global digital commerce.

E-contracts, digital signatures, contract law, Information Technology Act, 2000, global legal frameworks, data privacy, and cross-border transactions.

The digital technology revolution has been felt across many industries, contract law included. Traditional contracts are mostly based on manual signatures and physical documents, whereas e-contracts and electronic signatures are slowly replacing the traditional contract basis. E-contracts: these are contracts signed on the Internet, and digital signatures: they are encrypted and used to identify parties to a contract. This has naturally raised a host of legal and practical questions, particularly as to the legality, enforceability, and security of such contracts. The IT Act of 2000 provides the fundamentals for recognising electronic records and digital signatures in India, yet the scope and limitations of the Act deserve a deeper analysis against global yardsticks. Countries worldwide have established legal frameworks to keep pace with the growing use of digital contracts—for example, the EU’s eIDAS Regulation and the U.S. E-SIGN Act. This article explores the impact of e-contracts and digital signatures on traditional contract law by paying attention to both Indian and international legal perspectives.

This enables streamlining of the contract process, hence reducing the time taken to close contracts and taking the clutter away, as e-contracts, or electronic contracts, are contracts created, signed, and executed in a digital format, eliminating the need for paper contracts. These agreements are created through various electronic channels, such as emails, online forms, and digital platforms. Although they are built on the basic concepts of traditional contracts—namely offer, acceptance, and consideration—the way they’re created, signed, and stored is completely digital. Examples of e-contracts include clickwrap agreements (which require clicking a button or link to indicate acceptance) or shrink-wrap agreements (which involve acceptance through the use of specific actions, such as downloading software). Moreover, with a digital aspect turned into a contract, there are still many questions to be addressed as to its formation, meaning how the contract is made complete and accepted by both parties.

Digital Signatures: Definition and Security

Digital signatures represent a distinct category of electronic signatures that employ cryptographic methods for security and authenticity verification. In contrast to basic electronic signatures, which may consist of scanned images or typed names, digital signatures employ public-key infrastructure (PKI) technology. This ensures that the signature is exclusively associated with the individual and is impervious to alteration or forgery. To create a digital signature, the signer information is encrypted and verified by a certificate authority (CA). Digital signatures, therefore, provide greater security than handwritten signatures because they ensure both the identity of the signer and the integrity of the document.

Legal Recognition in India

The new Information Technology Act of 2000 in India provided great legislative progress through the legal recognition of e-contracts and digital signatures. The IT Act Section 5 provides that a digital signature has legal validity, while Section 10-A ensures that contracts formed in e-communications cannot be rendered unenforceable on the grounds of their electronic character. This was an important step forward in making Indian contract law more suitable for the digital age. However, certain documents, such as wills, negotiable instruments, and real estate transactions, remain bound in the framework of existing laws in terms of traditional execution.

Global Legal Frameworks

Worldwide, different legal frameworks regulate and standardise the use of e-contracts and digital signatures. A key example of this is the UNCITRAL Model Law on Electronic Commerce (1996), which provides a basis for countries to adopt legislation that enables the use of electronic communication and records in commerce. One huge piece related to this area is the European Union’s eIDAS Regulation (2014), which is crucial in laying down a stringent baseline for pertinent recognition of cross-border electronic signatures and identification services in member states, among others. The Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) were passed in the United States to promote the use of e-contracts and grant legal standing to electronic records and signatures.

Legal Framework: E-Contracts in India

The Information Technology Act, of 2000 (IT Act) was a significant piece of legislation that granted legal recognition to electronic contracts in India, positioning the country as one of the early adopters of a formal digital legal framework in South Asia. Before this, Indian contract law, primarily based on the Indian Contract Act, of 1872, was based on old contract principles that required physical documents and ink signatures. The IT Act made a crucial transition for its time when it was enacted, bringing Indian law in sync with the rapidly evolving digital landscape, thereby facilitating e-commerce and recognising the legitimacy of electronic records and digital signatures.

Section 10-A of the IT Act reinforces the legality and enforceability of electronic contracts. It declares that such contracts cannot be rendered unenforceable simply because they were created electronically. This means that as long as these electronic contracts meet the key requirements of offer, acceptance, consideration, and intention to enter into legal relations based on the Indian Contract Act of 1872, they will have the same legal standing in court as a traditional paper contract. The importance of this part of the law is that it lets businesses and individuals execute contracts without having to be physically present, which is beneficial, especially in the e-commerce, banking, and telecommunication sectors.

Legal Definition and Use of Digital Signatures

The IT Act also provided for legally recognised digital signatures that are essential in ensuring the authenticity of parties to an electronic contract. Digital signatures defined by the  IT Act are different from normal electronic signatures due to functionalities concerning cryptographic algorithms and their validity and security. Section 5 of the IT Act provides legal recognition to electronic signatures and enables them to be used as a secure acceptance of the contents of an electronic record in an electronic bind. The Act lays out the legal criteria for a digital signature, which require them to be issued by a licensed certifying authority (CA) and must be tamper-resistant and uniquely tied to the signatory.

Exclusions in the IT Act

Even though the IT Act shows significant progress, certain contracts cannot be executed to be electronic. Section 1(4) of the IT Act also mentions the types of documents not covered under the IT Act (i.e., documents and transactions not enforceable in electronic form), which include negotiable instruments, powers of attorney, wills, and documents relating to the sale of real estate (among others). Such exclusions are predominantly aimed at fighting fraud and ensuring more reliability in large transactions. Such documents often involve intricate formalities and considerable value, necessitating additional layers of verification that may not be adequately provided through electronic methods.

Evolving Amendments and Judicial Interpretations

Over the past few years, the IT Act has witnessed the judicial interpretation of its provisions when the courts have had to deal with difficulties in enforcing e-contracts and digital signatures. The Indian courts have generally recognised the validity of e-form contracts and stressed the necessity of consent and mutuality of understanding in electronic transactions. However, no uniform digital infrastructure exists, particularly in rural areas, in India, which may make it difficult to enforce and practically implement e-contracts. Additionally, the continued evolution of cyber laws and increase in data privacy concerns are shaping the legal aspects of e-contracts and alluding that a potential amendment in the IT Act could be needed to define e-contracts or mitigate some of the evolving digital security risk and compliance-related challenges.

Although e-contracts are legal in India and most of the other jurisdictions across the globe, their frameworks vary quite drastically in structure, scope, and rigour. These differences arise from disparate levels of tech infrastructure, data protection laws, and cross-border trade needs.

The Indian Framework vs. EU’s eIDAS Regulation

The eIDAS Regulation delivers a holistic framework for electronic authentication services ranging from identification, signature, seal, and timestamp that enables secure cross-border transactions. This is in addition to the limitations of India’s IT Act, which does not even provide for cross-border interoperability, limiting the efficacy of the law in global transactions. The Delhi High Court also reiterated the same thing.

India vs. U.S. Electronic Signature Laws

The other models impose restrictions on the use of electronic media, in contrast to the UETA and the E-Sign Act in the United States, which adopt an approach based on party autonomy and consent to use electronic means, providing both individuals and businesses with broad flexibility. India’s IT Act, on the other hand, specifies the precise digital signatures issued by licensed certifying authorities—while they provide external verification, this restricts flexibility.

Data Protection and Privacy

On the other hand, the GDPR in tandem with eIDAS may ensure stringent protection of data within the realm of e-contracting, as opposed to the IT Act of India, which has no specific provisions ensuring data protection; however, the proposed legislation of the Digital Personal Data Protection Act aims to ensure protection of personal data and privacy in digital contracts within the Indian jurisdiction.

Authentication Standards

India uses digital signatures based on public-key infrastructure, while the EU allows for three security levels between basic (not secure) and advanced (securely qualified electronic signatures). That flexibility is absent in India’s system right now.

Harmonization and Future Outlook

Many international reference frameworks, such as the UNCITRAL Model Law, promote the standardisation of e-contracts. India could also adapt its IT Act to offer cross-border recognition and more flexible authentication methods, in line with record practices worldwide, which would further improve its competitive edge in global digital commerce.

A foundational framework for e-contracts is provided by India's IT Act of 2000, although it differs significantly from frameworks such as the U.S. E-SIGN Act and the EU's Regulation on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (the eIDAS Regulation).

India vs. EU: A Study on eIDAS Regulation

The EU eIDAS Regulation facilitates secure cross-border digital transactions, recognising various forms of electronic signatures (simple, advanced, and qualified), with each level offering progressively higher security and legal standing. By doing so, it can be held as a digital signature equivalent to a physical signature in a high-trust third party—holding the same legal weight in international transactions presented in courts in many different jurisdictions. Whereas in India flexible and cross-border applicability gets a bit limited because the IT Act does not recognise anything beyond certifications given by licensed authorities.

Electronic Signature Laws in India vs. the US

Both of these acts require that the parties have an agreement empowering them to use electronic means if they consent. India’s law is more prescriptive, emphasising digital signatures by certifying authorities, which adds security but limits flexibility for parties that might prefer simpler or alternative forms of authentication.

Data Protection and Privacy

The second pillar is the EU’s eIDAS, which complements the GDPR by providing robust data protection for e-contracts. While the IT Act does not provide a similar data protection framework, the proposed Digital Personal Data Protection Act would fill this gap by addressing privacy concerns regarding digital transactions.

Challenges and Future Prospects for Harmonisation

Internationally, efforts are being made towards the overall harmonisation of e-contract frameworks, with the UNCITRAL Model Law on Electronic Commerce (1996) creating a ripple effect on the legislatures in India and worldwide. But India’s IT Act, in some of the newer concepts that are becoming part of the internet economy, should be updated to be consistent with global best practices such as cross-border recognition, flexible authentication standards, and data protection. Allowing e-signatures with varying levels of security—along the lines of the EU’s eIDAS framework—could add flexibility to the system and enhance its appeal in international business. Moreover, mutual recognition agreements with key trading partners would enable India to participate more actively in cross-border electronic commerce transactions. Indeed, the recent developments in India’s data protection legislation also seek to cure privacy shortages, which will ultimately strengthen the foundation of e-contracting, both domestically and internationally.

However, in reality, e-contracts and digital signatures are still simply difficult to enforce. Challenges include jurisdictional conflicts, inconsistency in legal frameworks, and security and authenticity of digital signatures, which, in turn, leads to limited applicability and enforceability of e-contracts in India and across international borders.

Jurisdictional Disputes and Legal Standardisation

E-contracts commonly cross international boundaries, raising complicated legal questions about which laws apply and which courts have jurisdiction. Perhaps that's why e-violation of contract—a cross-border dispute in most cases—is handled by the Indian Judiciary under Section 75 of IT Act 2000—which is not an appropriate section to apply for such cases since in most courts the jurisdiction is not clear. Internationally, variations in e-contract legislation and enforcement instruments present complications, as establishing a consistent standard for dispute resolution remains difficult. The absence of a universally accepted framework for the recognition and enforcement of e-contracts can lead to inconsistent rulings and raise concerns about legal predictability.

Infrastructure and Digital Literacy in India

The scenario is further complicated due to digital infrastructure and awareness in India, especially in rural regions, when it comes to the enforceability of e-contracts​ Although digital tools may find reasonable availability in urban centres, a vast chunk of the population — particularly those in remote geographies — suffers from limited internet connectivity and an aversion (or lack of knowledge) to digital transactions. The pervasiveness of the digital divide negatively affects the massification and enforceability of e-contracts. Moreover, numerous SMEs do not have access to the required digital tools nor comprehend how to legally verify e-contracts, restricting their access to the digital economy.

Data Privacy and Security Concerns

Data privacy and security remain significant obstacles to the global enforcement of electronic contracts. Also, Strict guidelines on how personal data is handled in e-contracts are enforced by the EU's General Data Protection Regulation (GDPR) and other data protection laws. Adhere to these rules demands strong cybersecurity measures, as breaches the confidentiality and authenticity of digital transactions While the Digital Personal Data Protection Act is on track to be enacted soon in India to streamline data privacy, businesses across the country have their hands full in ensuring sensitive data is protected and flows of data are aligned with global standards.

Authenticity and Reliability of Digital Signatures

Many of the same concerns hold for e-contract enforcement: The authenticity and reliability of digital signatures are key to e-contract enforcement but are also an area of concern. In India, the IT Act of 2000 recognises the use of digital signatures but requires them to be issued by certifying authorities. E-contracts can lose credibility due to fraudulent digital signatures, identity theft, and unauthorised access to digital certificates. In addition, unlike the European Union, where electronic signatures can be of multiple levels (i.e., basic, advanced, and qualified), India’s dependence on a single digital signature type unduly restricts flexibility and subjects transactions requiring greater security to risks.

Cross-Border Enforcement Challenges

Variations in legal requirements and technology transferable to borders make e-contract enforcement hard. Indian Framework Interacts with the EU’sAs an example, the EU's eIDAS Regulation presents a strong framework, while India’s framework does not have provisions for cross-border reciprocity, which makes cross-border e-contract enforcement more difficult. Cross-border transactions involving businesses in more than one jurisdiction must often be compliant with myriad sets of laws and regulations, making for what can be overwhelming regulatory and operational complexities that create barriers to international e-commerce and confusion for both businesses and consumers.

Future Prospects for Addressing Enforcement Challenges

As e-contracting grows, countries are finding ways to confront enforcement challenges based on mutual recognition agreements, international standards, and better cybersecurity frameworks. Streamlining legal standards, reinforcing existing data protection legislation, and improving digital infrastructure, especially in the hinterland, are measures India can take to bolster e-contract enforceability. Moreover, initiatives aimed at establishing a standardised framework internationally, as advocated by documents like UNCITRAL’s Model Law on Electronic Commerce, instill optimism that jurisdictional ambiguities will be reduced and a unified legal environment for global digital transactions will be meticulously developed.

There are also legislative frameworks in both India and across the world that have evolved to recognise and legitimise these digital tools, which enable faster, more efficient, and cross-distance contract formation. India’s Information Technology Act of 2000 and global frameworks (EU’s eIDAS, the United States’ E-SIGN Act) are both evidence of the willingness of governments to bring traditional contract law in line with technological developments.

But even with this progress, there remain challenges. Other factors impacting the enforceability of e-contracts, especially in cross-border transactions, include jurisdictional complexities, limited infrastructure, varied authentication standards, and data privacy challenges. An added challenge faced in our country is the literacy here as well as the lack of adequate infrastructure in rural areas limiting the proliferation of e-contracts; the challenges here also prove to be a lack of literacy and complete infrastructure. Also, the changing face of cybersecurity threats as well as data privacy requirements highlights the need for ongoing regulatory enhancement to protect personal information during digital transactions.

Legal systems must adapt to technological evolution as it continues. It is up to policymakers and legal professionals to proactively address these challenges, to accelerate cross-border harmonisation, to widen digital literacy, and to augment data protection laws. Through the adjustment of these changes, legal systems around the world can solidify the legality of e-contracts and digital signatures so that they are as, if not more, strong, reliable, and enforceable as traditional contracts, setting the stage for secure and trustworthy digital commerce.

1. E-Commerce and Contract Law: An Overview, 33 Comp. L. Rev. 47, 50 (2001).

2. Digital Signatures and the Law: The Implications for E-Commerce, 13 J. Tech. L. 60, 62 (2016).

3.Information Technology Act, No. 21 of 2000, § 5, § 10-A, India.

4. Legal Challenges in the Implementation of E-Contracts in India, 25 Indian J. Legal Stud. 134, 138 (2012).

5.UNCITRAL Model Law on Electronic Commerce, U.N. GAOR, 51st Sess., U.N. Doc. A/51/17 (1996).

6.Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic      identification and trust services for electronic transactions in the internal market, 2014 O.J. (L 257) 73.

7.Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. §§ 7001-7006 (2000); Uniform Electronic Transactions Act (UETA), 7A U.L.A. 1 (1999).

8.Electronic Contracts and Legal Challenges in India, 32 J. Indian Law 55, 58 (2011).

9.Information Technology Act, No. 21 of 2000, § 10-A, India.

10.S. Sundararajan, The Role of Digital Contracts in Modern Business Transactions 9 (2020).

11.Information Technology Act, No. 21 of 2000, § 5, India.

12.P. R. Rao, Digital Signatures: Legal and Security Challenges in India 11, 13 (2015).

13.Information Technology Act, No. 21 of 2000, § 1(4), India.

14.S. K. Verma, Rural E-Commerce and Challenges to the Enforcement of E-Contracts in India 48 (2020).

 15.R. B. Singhal, Cyber Laws in India: Issues and Amendments 22, 25 (2022).

16.S. R. Goyal v. Union of India, Delhi High Court, (2017).

17. K. Lee, A Comparative Analysis of E-Signature Laws in the U.S. and India 45 (2018).

18.Ministry of Electronics and Information Technology, Personal Data Protection Bill, 2019 (India).

19. UNCITRAL, Model Law on Electronic Commerce, United Nations, 1996.

20.Council Regulation (EU) No. 910/2014, on electronic identification and trust services for electronic transactions in the internal market (2014).

 21.General Data Protection Regulation, Regulation (EU) 2016/679, 2016 O.J. (L 119) 1 (EU).

22.UNCITRAL, Model Law on Electronic Commerce (1996).

23. M. Sharma, International Jurisdiction and Enforcement of E-Contracts 25 (2021).

24S. Roy, Digital Divide and E-Contracting in India: Challenges and Solutions 19 (2020).

 25.A. Verma, Digital Signature Law: Comparative Insights from EU and India 13 (2019).

 26.N. Singh, Global Legal Standards for E-Contracts: A Future Outlook 14 (2024).