The validity and legality of electronic signatures
One of the most frequent questions that arises to any user who uses the electronic signature for the first time is: It’s this electronic signature really legally valid?
We anticipate you the answer already: A clear yes. The electronic signature has full validity and legality throughout the European Union. Not only that, but, as we discussed in the previous post, it brings many more advantages that the handwritten signature. In fact, the electronic signature is even more secure than the handwritten one.
Throughout this post, we will see where this validity and legality is collected, what is an advanced electronic signature and a reminder of its advantages.
Is the electronic signature legal and valid?
Previously, the electronic signature was regulated by the law 59/2003 on electronic signatures.
However, with the entrance of the new regulation known as eIDAS, it has been regulated in a single system and common to the EU with regard to electronic identification and confidence for electronic transaction services. Since its entry into force, the electronic signature is recognized as legal and valid throughout the European Union.
The regulation itself says in its article 25: “Legal efects as admissibility will not be denied as evidence in legal proceedings to an electronic signature by the mere fact of being an electronic signature or legal effects or because they do not meet the requirements of the qualified electronic signature.”
Okay, now I have know that the electronic signature is valid, legal and it’s even be admitted as evidence in a trial. But I still don’t trust it at all…
Precisely for this reason, from legalbono we don’t operate with just an electronic signature. We want you not only to know that the electronic signature is completely valid and legal, but that you are convinced of it. For this reason, we use the advanced electronic signature.
The advanced electronic signature: One step further.
You may ask yourself: “what is the advanced electronic signature?” It’s very simple. It is an electronic signature which, according to article 3 of the regulation, meets the following requirements:
- It’s linked to the signatory in a unique way;
- Allows the identification of the signer;
- Have been created using data from creation of the electronic signature that the signer can be used, with a high level of confidence, under its exclusive control, and
- It’s linked with the data that is signed by the same so that any subsequent modification is detectable.
The electronic signature is the electronic equivalent of our handwritten signature. Its function remains of identifying the signer’s unique shape as well as your handwritten signature and verify that the signed documents have not been altered by third parties.
As you can see, things change. The advanced electronic signature is as reliable as the conventional signing, and it brings many more advantages.
Advantages of the advanced electronic signature
With the previous article , we can observe the advanced electronic signature:
- Creates a unique bond with the signer: ensures that, effectively, no one more than him can use this firm through a unique key.
- Identifies the signer: the firm collects data such as email or the geolocation of the device, to verify the identity of the signer.
- Allows you to detect any changes that you make in the document after signing: is registered in an encrypted and secure way to limit any changes in the document once signed, guaranteeing the integrity of all data associated with it.
- It is created by means that are under the control of the signatory: By confirming the identity via SMS to the mobile phone, the signer always remains in control.
Now you know why the advanced electronic signature is more than valid, reliable, safe and legal. You can enjoy its advantages using it on our legalbono platform.
What about yo? Would you like to try it?
