Sign on the dotted line What to

Sign on the dotted line

TIFFANY MATSIS

Long gone are the days when someone’s signature meant they’d physically touched and signed that piece of paper. The use of electronic signatures has become increasingly common as we all transition to a paperless, and lately a socially distanced, office. Unfortunately, we’ve seen a few cases recently where the use of e-signatures has gone awry, sometimes resulting in disciplinary action.

An “electronic signature” is any signature in electronic form, as opposed to a paper-based signature in pen or pencil. Examples can include a scanned image of your actual signature, a squiggle on a screen or a signature created on a tablet using your finger or a stylus. Also, a typed signature at the bottom of your emails, a typed name, or any other form of electronic mechanism indicating your acceptance of an agreement. The act of adding your signature to something has come a long way since our ancestors scrawled an X at the bottom of a contract.

A “digital signature” is a subset of electronic signatures. Digital signatures, however, provide an extra layer of security. When activating a digital signature, the signer is verified through an authentication process, the data is maintained on a server for cross-checking, and the signature is secured by encryption to prevent it being modified.

So, what can go wrong? We saw an example last year where an engineer had a prior working relationship with a peer reviewer and still had that reviewer’s e-signature on file. It wasn’t clear if the engineer cut and pasted the signature into a new report, or used the old report as a template leaving the reviewer’s signature in place. Either way, the incorrect impression was given that the reviewer had undertaken a peer review of the new report when in fact he was not involved at all. The engineer was fined and ordered to undertake professional development in office management and professional ethics.

We’ve also seen a case where a small consultancy continued to use a Chartered Professional Engineer’s signature to finish off work after that engineer had died. This was fraudulent and also an offence under legislation. “Chartered Professional Engineer” is a legally protected title. It cannot be used by anyone other than a properly registered engineer, and anyone using the title incorrectly may be prosecuted and fined by the Ministry of Business, Innovation and Employment.

In another recent disciplinary matter, an engineer told us her name and credentials were applied to documents without her knowledge. Although the firm had an informal practice controlling who was able to apply signatures to reports, it was not sufficient to prevent mistakes being made.

Although fortunately rare, we have also seen cases recently where an engineer has claimed to be a Chartered Professional Engineer when they did not hold that status. In one case, the engineer had been temporarily suspended from the register but had continued to use the CPEng postnominal. In another case, the engineer had not applied for nor been assessed as a CPEng and admitted to using the title dishonestly.

Carefully consider who has access to your e-signature. How do you control its use? No matter the size of the consultancy, you should have a written company policy around use of e-signatures, and this should be clearly communicated to all staff. When the signature does not belong to the person drafting or sending the document, that person should not alter the document without prior authorisation from the signature holder. The signature holder should be aware of and approve every document before their signature is used. If e-signatures are being kept on file, ensure these are stored securely and consider who has access to them.

Ensure your email signatures and information are kept up to date if there have been any changes. As a member of Te Ao Rangahau or a Chartered Professional Engineer, you must adhere to the Code of Ethical Conduct, requiring you to act with honesty and integrity and not misrepresent your competence. Treat your e-signature with respect and care; it’s a vital part of your identity and reputation.

Tiffany Matsis is Senior Legal Advisor at Te Ao Rangahau.