What is an E-signature?

E-signatures, also known as electronic signatures, is a collection of various methods for attaching identity to documents. They are generated electronically and can be as simple as a photograph of a handwritten signature or as complicated as a digital signature certificate generated by PKI. They have grown in popularity in recent years, most likely as a result of our increasingly paperless environment; documents must be signed, and e-signing is a convenient, efficient, and modern alternative.

A digital signature is a sort of secure electronic signature that cryptographically authenticates a document using an algorithm.

What’s the Distinction Between a Digital Certificate and an E-Signature?

To confirm the requestor’s identity, digital certificates utilize PKI certificates issued by a trustworthy certificate authority such as Prima Secure. This sort of authentication is the most effective method for assuring the integrity of electronic documents and immediately linking the identity to the document, thereby ensuring its authenticity.

Furthermore, digital signatures meet the most stringent legal requirements, including the Electronic Signatures in Global and National Commerce Act (ESIGN Act) of the United States, the Uniform Electronic Transactions Act (UETA), and other applicable international regulations such as eIDAS.

Other types of electronic signatures use less secure authentication mechanisms. Email addresses, phone numbers, and other forms of contact information can be included. Around the world, there are many different types of electronic signature regulations and standards for authenticating the signer’s genuine identity.

Types of E-Signatures

Electronic signatures are classified into three types. The European Union’s 2016 electronic Identification, Authentication, and Trust Services regulation (eIDAS regulation) describes the specific distinctions (EU).

This rule establishes a legal framework for electronic identification, signature, seals, and documents within the EU. These signatures are frequently included as default options in corporate processes and workflows, and they have become ubiquitous in the internet user experience.

Simple Electronic Signatures (SES)

These are the most general and basic types of electronic signatures. They do not require any form of identification verification from the signer, and the individual accepting the document is responsible for placing trust in these signatures.

Simple electronic signatures can be legally binding in some instances. However, greater requirements are required for many documents.

Advanced Electronic Signatures (AES)

These signatures, unlike simple electronic signatures, need some sort of identification verification. They are based on certificates that uniquely identify the electronic document’s signer. They are frequently sent via a specific delivery provider that can give audit trails and other sorts of information about the data sent. A Certificate Authority normally certifies these signatures (CA)

Qualified Electronic Signatures (QES)

Qualified electronic signatures (QES) must be accompanied by a certificate based on public keys generated using appropriate technological techniques.

Legality

Around the world, there are numerous legal requirements for electronic signatures. The legality of them in the United States is essentially based on four major factors.

Intent

The intent is the same with an electronic signature as it is with a handwritten signature. Hence, the signatory must make it clear that they plan to attach their name/identity to the electronic document. You cannot force someone to opt-out and consider it a legal signature in this circumstance.

Consent

Each party shall expressly consent to the electronic signature of any document or contract. Hence, electronic signatures cannot be recognized as legitimate without this unless the signer initially gave their use permission and never retracted it.

Retention

Any person with access to such data files must be provided with a suitably copied and available electronic signature record. This establishes an audit trail and provides access to any necessary records.

Validity and Verification

How Do You Verify an Electronic Signature?

The process of verifying an electronic signature differs depending on the type of e-signature utilized. As previously indicated, fundamental electronic signatures can be employed in a variety of settings and jurisdictions without the need for particular identity verification techniques.

Furthermore, advanced electronic signatures, on the other hand, require signers to employ digital certificates for identity verification. There are numerous techniques for creating and validating AES certificates. Most big platforms, such as DocuSign, will let you do so.

Qualified electronic signatures are frequently explicitly permitted by governments as the most exacting and secure way of verification because they:

• Verify the signer’s identity in person or by video conference call using a legitimate method of identification.
• A signer’s identity is verified at the moment of signing using signer-held or cloud-based certificates.

Prima Secure provides S/MIME certificates.

There are several particularly prevalent usage situations, such as:

• Contracts for sale
• Orders for Purchase
• Contracts with vendors
• Contracts for real estate
• Agreements on intellectual property licensing
• Legal contracts
• Non-disclosure contracts
• Employee contracts