Digital signatures provide a secure and legally recognized alternative to traditional methods like printing, signing, and scanning documents. Due to their added documentation, the impossibility of altering the contract once the process has begun, and centralized storage, digital signatures offer a more secure alternative to many conventional practices.
Legality of Electronic Signatures in the EU
As of July 1, 2016, all EU member states are required to comply with the eIDAS regulation, which standardizes the rules around electronic signatures across the EU.
Key Articles from eIDAS:
Article 25: This article ensures that an electronic signature cannot be denied legal effect or admissibility as evidence solely because it is electronic or not a qualified electronic signature. Read more on eIDAS Article 25.
Article 26: Outlines the requirements for advanced electronic signatures, which must be uniquely linked to and capable of identifying the signatory, created using data that the signatory controls, and connected to the signed data in such a way that any changes are detectable. Read more on eIDAS Article 26.
Implementing eIDAS Standards with SignRequest:
Unique Link to Signatory: SignRequest’s ‘signing log’ uses a hash code to uniquely link each document to its signatory.
Identifying the Signatory: The log includes details such as email address, IP address, and timestamps that help identify the signatory.
Control Over Signature Data: Signatories maintain control over their authentication data, including email accounts and personal identification numbers.
Detecting Data Changes: A unique hash code for each document ensures that any alterations to the signed document are detectable.
Documents are also sealed with SignRequest’s digital certificate to ensure integrity and authenticity.
Legality of Electronic Signatures in the USA
Electronic signatures are legally binding in the United States as per the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999. These laws confirm the legal status of electronic records and signatures, facilitating electronic commerce by ensuring their validity across state and national boundaries.