In this blog, we answer some of the most frequently asked questions about electronic and digital signature laws and the legality of eSignatures so you can electronically sign with confidence.
One of the key concerns people have when switching to eSignatures is whether they have the same legal certainty as a paper and ink signature. Ensuring e-signed documents are legally enforceable in a court of law is critical, as no company wants to see its documents disputed.
In most cases, for an electronic signature to be legal you must be able to answer yes to the following questions:
We go into more detail about how to answer these questions, and what to look out for when signing a document, on our legality page (where you can also download our Legality eBook).
The main thing to be aware of with electronic signatures is proving the signer’s identity and their intent to sign, when they signed and if the document has been tampered with at any point. If you cannot prove these, then it is extremely difficult to prove the document’s validity in a court of law.
Esignatures are legally distinct from digital signatures.
An eSignature can be as simple as a name typed in an electronic document, but digital signatures are often used in regulatory filings to implement eSignatures (so that they are cryptographically protected).
Did you know: in many cases, digital signatures can be called electronic signatures even when they are digital signatures (like with the eIDAS Advanced and Qualified Electronic Signatures).
There are different types of digital signature with varying levels of validity depending on their use. The eIDAS regulation is used across the EU but many other countries follow similar definitions.
Under eIDAS there are three digital signature levels:
For a digital signature to be authenticated, you must receive a digital certificate from a trusted Certificate Authority.
These trusted third-party entities issue a unique digital identity after secure verification of the person’s identity. The process can be done remotely with a Qualified Signature Creation Device or a signing key.
In the case of Qualified Digital Signatures under the eIDAS regulation, there are a list of Qualified Trust Service Providers (QTSPs) that provide Digital Certificates for the creation of Qualified Electronic Signatures (QES).
To ensure long-term validation (LTV), the digital signature should also include an embedded timestamp to prove when the document was signed according to a trusted Time Stamp Authority (TSA).
Under eIDAS, Qualified Electronic Signatures have the same validity as an ink signature. It means that documents, such as conveyancing and contracts can be electronically signed with certainty. However, there are some documents such as wills that still require a handwritten ink signature.
Every country has different digital and electronic signature laws. They may differ on what documents can be signed electronically, so it’s important to check the local electronic signing laws in your country.