UK eIDAS applies throughout the UK. However, Scotland also has its own legal regime for electronic signatures, which distinguishes it from England, Wales and Northern Ireland. An electronic signature can only be applied to an electronic document. There are three types of electronic signatures: simple, advanced and qualified. Simple electronic signatures are currently the most common and widely used type of electronic signature. They are also the least secure, with advanced and qualified signatures enjoying greater integrity (see image). UK eIDAS creates a hierarchy of electronic signatures. Article 3(10) defines a simple electronic signature as “any data in electronic form which is attached to other data in electronic form or logically linked to other data in electronic form and which is used by a natural person for the signature”. Adobe Acrobat Sign standard offerings create simple electronic signatures. Prior to the UK`s withdrawal from the EU, Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the Single Market (eIDAS) had direct effect in the UK.
eIDAS has created an EU-wide legal framework for electronic signatures and other trust services. Issuing a smart card with QES requires a face-to-face meeting with an operator. One of the qualifiers of a QES is that the means of affixing the signature, i.e. the token on the card and the PIN code are under the exclusive control of the signer at all times. According to the eIDAS Regulation (EU Regulation No. 910/2014), we cannot issue signatures remotely. this must be done in the presence of the signatory and only he can enter the necessary codes (PIN & PUK). Any compromise in the process carries the risk of invalidating the signature. A list of scheduled dates and times for signing sessions can be found here. We will also check your identification during this meeting. DocuSign is a Qualified Trust Service Provider (QSTP) in Europe and is authorized to issue advanced and qualified signatures throughout the European Union in accordance with the European eIDAS Regulation 2014 and the UK Electronic Identification and Trust Services for Electronic Transactions Regulations 2016.
The main areas where simple electronic signatures, such as the standard features of DocuSign and Adobe Sign, are not a valid signature tool are: Disclaimer: The information on this page is intended to help businesses understand the legal framework for electronic signatures. However, Adobe cannot provide legal advice. You should consult a lawyer for your specific legal issues. Laws and regulations change frequently, and this information may not be current or accurate. To the fullest extent permitted by law, Adobe provides such material “as is”. Adobe disclaims all representations or warranties, express, implied or statutory, with respect to this material, including any representations, warranties, or warranties of merchantability, fitness for a particular purpose, or accuracy. This article deals with electronic signatures in Scots law. The law in England and Wales is different and separate advice should be sought when advising on English legal documents. When using this terminology, consider the difference between electronic signatures and digital signatures: with digital signatures, the signature is encrypted and wired to the document itself. QES and most ESAs are digital signatures.
Simple signatures are electronic signatures. Digital signatures will have more probative value than electronic signatures because they can address all three concerns: they provide greater certainty about the identity of the signer and the security of the document, as well as the evidence to prove it. As part of the DocuSign Agreement Cloud, DocuSign provides electronic and digital signatures that streamline processes and automate workflows, standardize and analyze contract language, and centrally store all your agreements. Article 25 of the United Kingdom eIDAS provides that an electronic signature may not be deprived of legal validity solely on the basis of its electronic nature. It also provides that electronic signatures are admissible as evidence in judicial proceedings. There is a lot of jargon in the field of electronic signatures. Naturally, this can be discouraging and lead to a sense of insecurity when considering whether documents should be signed electronically. But let`s start with the most basic building blocks. First, what is an electronic document? Many of us are used to receiving signatures on traditional documents. We have our usual signature pads with room for a witness to sign. However, using the same signature blocks in an electronic document can be confusing, as a witness sign confirming a signer`s electronic signature could make that signature appear as proof of itself – this is not the case. At Burness Paull, we help our clients navigate the world of electronic signatures in the face of the challenges of lockdown restrictions.
Here are my top tips for using electronic signatures. Admissibility and legal validity of electronic signatures You can find the original version on the Brodies website: brodies.com/blog/ip-technology/covid-19-when-is-it-appropriate-to-use-electronic-signatures-under-scots-and-english-law/ Subject to certain exceptions, electronic signatures are valid under Scots law. Under the Writing Requirements (Scotland) Act 1995, only certain categories of documents need to be written. Therefore, most documents legally do not require a signature at all. This task is easier with advanced and qualified signatures. Advanced and qualified signatures are “uniquely linked to the signatory” and “capable of identifying the signatory”2. This means that there is reliable evidence that the person whose name appears on the document actually signed it. Advanced electronic signatures (AES) are also created “by means that the signer can keep under his or her exclusive control,” and any changes to the signature are recognizable. That is, if an attempt is made to manipulate the signature, it is clear to anyone who then verifies the document.
