For a digital signature to be considered legal, it must meet different criteria. The spread of digital tools is leading companies to question their legal value. In this article we look at all the information you need to have to hand if you also want to get started with digital signatures.
Since when has the digital signature been accepted?
Did you know that the electronic signature already has an official legal value in Europe since 2014, with the adoption of the eIDAS regulation? So a company has the right to hold a signatory to a contract or quote that contains a digital signature.
The eIDAS Regulation also clarifies that only a qualified electronic signature has the same legal value as a ‘wet’ signature. More on this below.
The criteria to know that justify the legal value of a digital signature
A digital signature has a legal value if you meet the four criteria established by the European Regulation, which are:
The document sent online cannot be edited during or after signing. Concerning the signatory’s identification, several means are made available to certify that it is in fact this person.
For example, the signatory receives a code on their mobile phone linked to their personal phone number. If they have not entered the code, they cannot read the encrypted document.
A dual identity check can also be made by sending the one-time code to their work email address only.
The three levels of signature accepted by the eIDAS regulation
To date there are three types of digital signature with legal value that are recognised:
Points to remember!
A digital signature only has legal value if it observes the legal scope imposed by the government and/or Europe.
All companies are obliged to meet the identify check criteria and implement the appropriate system according to the type(s) of signature(s) they want to implement.
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