Nowadays, the "merchants' practice", or in other words, the normal course of business, includes the frequent use of electronic signatures for the purpose of executing transactions and even receiving sensitive services by the state. Thus, for example, the state makes use of digital guarantees in its tender, enables the transfer of property online (for example, in the transfer of ownership of a vehicle, see the Ministry of Transport website), sells the opening of a bank account online (see Proper Banking Conduct 367 of November 13, 2018), and even examines the issuance of a digital shekel (see the Bank of Israel's publications regarding the steering committee established on the subject).
- Moreover, in practice, electronic signatures on promissory notes have long been recognized, both by the Respondent itself and by the courts. An example of this is the decision of the Honorable Senior Registrar Riyad Qudsi inCivil Case in Expedited Procedure (Shalom Netch.) 45932-09-17 Cellsale in a Tax Appeal v. Ibrahim Agbaria (published in the databases; 14.11.2019), brought by the Applicant. In the same matter, the court ruled that an electronic signature can be recognized as a signature on a deed, and referred in its judgment, inter alia, to the fact that "the use of electronic and digital signatures has become common and accepted in consumer contracts and in the business world." Admittedly, this is not a binding judgment and it does not include a comprehensive analysis of the relevant legislation, as the Respondent claims, but the fact that this decision did not arouse any resonance indicates the triviality of the matter. To be precise, a review of the case law reveals that the same company, the subject of the proceeding mentioned above, routinely signs promissory notes with its customers using a digital signature, and these are discussed in the courts as promissory notes for all intents and purposes. See a few of the many: Objection to the execution of a bill (Shalom Petah Tikva) 38157-01-23 Cellcell in a Tax Appeal v. Barihon (published in the databases; 21.12.2023); Objection to the execution of a promissory note (Shalom App.) 52024-05-23 Cellsale in a Tax Appeal v. Yosef (published in the databases; 21.12.2023); Objection to the execution of the deed 12174-03-24 Cellsale in the Tax Appeal v. Weizmann (published in the databases,;30.1.25).
See also Objection to the Execution of a Deed (Shalom Tel Aviv) 60778-07-23 Dvorkin v. Shachar (published in the databases; 17.6.2024).