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in order to have a security interest under the new law you must have a security agreement in the old days we would have thought of a charge or a mortgage as being a security agreement a security agreement is either a contract or some other thing which has to be in writing adopted by the parties which is meant to be the terms and conditions that apply to the relationship between them so the legislation is imagining an electronic world where terms and conditions of trading for example might be included on a website or in some electronic form and where parties agreed to adopt those terms by exchanging emails or clicking i agree or some other method by which you can track their assent to the terms apply to the relationship between them but the key point is the security agreement has to be something which is in writing but it need not be a physical piece of paper and it needs to be something where you can clearly point to some act or theoretically in a mission but certainly some act by whic
