On 25 May 2000, section 8 of the Electronic Communications Act 2000 came into force.

The Act was the first piece of legislation in England and Wales specifically to address the dawn of the on-line era.The act implements the majority of the provisions of the Electronic Signatures Directive (1999/93/EC) and aims to help build confidence in, among other things, electronic communications.

It clarifies the legal status of electronic signatures, and section 8 gives ministers power to remove provisions in existing legislation which prevent the use of electronic communications or storage and instead offer alternative electronic options.The government opted for the statutory instrument case-by-case amendment approach to provide certainty to business in relation to particular areas of law.

The alternative of stating expressly that a transaction is not invalid because it takes place wholly or partly by electronic communication was purposefully avoided.The impact of the Act is potentially revolutionary.

However, until the most significant statutory provisions are amended by section 8 order much of British industry and commerce cannot embrace the digital economy.

The prime minister has said the government intends to make this country the leading e-commerce jurisdiction.

However, until subordinate legislation liberates commerce, this objective cannot be attained.The Cabinet Office is to co-ordinate the government's work in identifying those legislative provisions which will require amendment.

To ensure the process is undertaken both in terms of setting proper priority and to ensure it is fully inclusive, the Cabinet Office is consulting with industry groups.

The legal profession must participate.The impact this Act has on the profession is not fully understood by many in practice.

E-commerce is more pervasive than many appreciate, and specialists must appreciate the full extent of the Act.The experience and the views of the legal profession in England and Wales on this issue are vital.

It is important that practitioners across all disciplines understand the legal framework that electronic contracting and communications creates.

It might not be recognised that the Act provides for the acceptability of electronic communications or storage, including the use of documents, keeping records, making payments and the production of information.The profession must be mindful that the intent behind the Electronic Communications Act necessarily impacts on many other areas of activity and legal governance.The Cabinet Office can benefit from the experience lawyers in everyday practice have.

There might be a number of instances where practitioners apply existing legislative provisions that would be appropriate for amendment under section 8.

These may be reasonably specialised areas of practice not easily identifiable at first instance.The evidence which is assembled by this exercise could also assist with the effective prioritisation of those statutory provisions falling within the intention of section 8.

The involvement of the profession at large could also be of assistance as and when each legislative change is identified.

Direct experience of applying statues in client matters would reveal issues to take on board prior to the formulation of a draft order.The testimony of lawyers based upon the issues their own clients are highlighting is an essential part of this consultative exercise.

If any solicitors have such information it would be of enormous assistance to notify me.

Those who think that e-commerce law can develop in a vacuum must think again.

Lawyers must contribute to its evolution.