An electronic signature means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign. There are three different electronic signatures according to Regulation (EU) 910/2014, whose difference lies in the burden of proof, but an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form.
In addition to the legality that an electronic signature can have on its own, contractual freedom must be taken into account, that is, the will of the parties to sign or formalize a contract in a certain way.
¿IS THE ELECTRONIC SIGNATURE SECURE?
Electronic signatures are considered legally binding when signing documents, although the security of them depends largely on the Trust Service Provider used. Leypal as one provides:
During the signing process a series of evidences are generated that are collected in the certifying document. The integrity of the signature is guaranteed with a qualified time stamp, which prevents modifications to the signed document.
We use AES 256, SHA256, and secure connection using HTTPS. In this way, together with our information security management system, we prevent unauthorized access to our clients’ data and documents.
All types of electronic signatures in Leypal are legal, but with differences.
Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July, 2014, better known as eIDAS defines three types of electronic signatures.
SIMPLE ELECTRONIC SIGNATURE
This type of electronic signature collects the recipient’s data but does not allow the signer to be identified directly. Because of its ease and speed, it is very common in cases with low legal risk.
ADVANCED ELECTRONIC SIGNATURE
The advanced electronic signature must meet the following four requirements:
it is uniquely linked to the signatory;
it is capable of identifying the signatory;
it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and
it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.
QUALIFIED ELECTRONIC SIGNATURE
The qualified signature means an advanced electronic signature that is created by a qualified electronic signature creation device, and which is based on a qualified certificate for electronic signatures. Leypal is currently developing this type of signature.
In the United States there are two laws that regulate electronic signatures and establish that electronic signatures are as legally valid as handwritten signatures on paper.
A basic legal framework for the electronic signature is established with the guidelines of the OECD, those of UNCITRAL and those of the International Chamber of Commerce (ICC).
At the national level, several countries have regulated electronic signatures, for example:
Australia, Canada, Chile, China, Colombia, Hong Kong, India, Japan, Mexico, New Zealand, Peru, Philippines, Russia, Singapore, South Africa, South Korea, Switzerland, United Arab Emirates, among others.
WHO USES THE ELECTRONIC SIGNATURE?
Electronic signatures are used for all types of documents and procedures.
Sales teams close deals faster by speeding up the signing process, and avoiding unsigned policies.
Electronic signatures are being used to simplify procurement procedures, and sign any internal documentation.
Sign lease, purchase and sale contracts, among others.
Law firms use it to accelerate the signing of all types of contracts.
Patient data records and informed consents are expedited.
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