The Definition of the Electronic Signature
1.What is an Electronic Signature?
2.How to sign a document with an Electronic Signature?
3.In What Instances Is the Electronic Signature Used?
4.What is the Legal Value of an Electronic Signature?
Creating an Electronic Signature: Concept and Fundamentals
Are you wondering what precisely constitutes an electronic signature? The use of electronic signatures, or eSignature, is becoming increasingly widespread in our modern world, across various fields. Nowadays, most companies accept electronic signatures for some of their important documents. No matter your role, you are likely required to sign documents in both personal and professional contexts.
An electronic signature is a method for determining a person’s identity or preserving the integrity of their written agreement by analysing information they provide. It is a signature applied by a qualified electronic signatory, created using a digital electronic signature key.
The electronic signature is one of the processes of digital signature. It is based on a protocol called asymmetric cryptography.
Electronic signatures have been used in electronic transactions for about 15 years. They have become increasingly popular with the development of payment systems via phone or internet. An electronic signature can be used to prevent fraudulent transactions. To ensure the authenticity of the signature and therefore the integrity of the document, the signed document is compared against a database.
Individuals accustomed to working online understand that electronic signatures offer a convenient method to sign documents. Essentially, it can be akin to a button that allows you to validate a transaction, for example.
The term “electronic signature” or “eSignature” encompasses various technologies which provide different ways to electronically sign a document. It enables web application users to sign documents, including PDFs, with a simple click. It can also be executed using a keyboard, digital tablet, stylus, or mobile device. Instead of your handwritten signature, you use a unique code to authenticate your identity and validate the document.
In just a few steps, it is possible to apply your electronic signature to any document:
– Upload the document that needs to be signed.
– Add the email addresses of the parties who are required to sign the document.
– Specify the fields/locations on the document where the signature is required.
– Click on the link contained in the signature request email received.
– Follow the signature instructions directly on the document
after confirming your identity if necessary, validate the application of the electronic signature
– It is also possible to track the document’s signing status and save it automatically.
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Electronic Signature Features in Business
Initially, electronic signatures were primarily used in financial transactions to authenticate and validate information. However, the common belief that electronic signatures are solely a means to sign a document or contract in the context of an electronic transaction is outdated. There are a multitude of scenarios where electronic signatures are beneficial and even mandatory. Particularly, the signature as a validation procedure has become very popular among businesses of all sizes (small businesses, mid-sized companies, large enterprises) and government agencies.
Esignatures are used in numerous areas and can be particularly useful across all departments of an organization:
– Human Resources: Employment contracts, probation period renewals, schedules, payslips, expense reports,
– Finance and Accounting: Approval to pay, purchase/sales invoices, tax returns,
– Legal: Commercial court registry, social declarations,
– Management: Leases, agreements, mandates, intellectual property certificates,
– Purchasing: Quotes, purchase orders, supplier contracts, delivery receipts,
– Sales: Customer contracts, General Terms of Sale (GTS).
The eSignature from a Legal Perspective
According to the Civil Code in France, the electronic signature now has the same legal value as a handwritten signature on paper, provided that certain conditions are met such as
– “reliable identification guaranteeing its link with the document to which it is attached” and
– “its storage in a manner that ensures its integrity.”
This implies that the electronic signature needs to be duly qualified to be considered valid on the same level as a handwritten signature. This legislation has been common across all members of the European Union since 2000.
Furthermore, additional regulations have emerged in the 21st century to better frame the use of electronic signatures, such as the eIDAS regulation and the General Data Protection Regulation (GDPR).
Moreover, the eSignature can be combined with other modules of a Document Management System (DMS) like the digital safe, which allows archiving of documents with probative value…
