PLEASE SIGN HERE…

These days, there are so many ways to sign a contract that it’s possible to get lost in the digital world.

The handwritten signature is just one of the ways of giving written consent to a contract. However, there are many forms of valid technological “signatures”, each with its own particularities. In general, the validity of a signature requires two main elements: (i) the “signature” or “mark” that represents the expression of consent by the person affixing it, and (ii) the existence of a link between the signatory and the signed document. If the document is a technology document without a paper version, a third element is required: the integrity of the document must have been maintained since the signature was affixed.

1. Digitized or photocopied signature

The digitized or photocopied signature is not an electronic signature, but a copy of the handwritten signature found on the original document. In fact, the recipient will only have received a digitized copy (equivalent to a photocopy) of the document bearing the signature. In this case, it is advisable to obtain the original document in order to have access to the best available evidence in the event of a dispute. If the original cannot be obtained, it is advisable to keep a copy of the e-mail or proof of transmission from the signatory. This way, you can link the person directly to the document.

2. User-generated e-mark

Some software packages offer the option of “signing” a document by affixing a mark. The mark can be created by the user, who affixes it to the document to express his or her consent. This type of signature can be considered a “user-generated signature”. Although this is an acceptable form of signature, a link must be established between the signatory and the document. It is therefore advisable to retain the e-mail or file by which the signed document was transmitted. If the document is not sent by the person appearing as the signatory, the link between the signatory and the document will be broken, and additional evidence will be required to prove this link and the validity of the signature.

3. Electronic signature with a “digital” certificate

This type of signature is created by an intermediary who certifies the identity of the signatory and the mark affixed. This intermediary may be a company offering Public Key Infrastructure (PKI) encryption services recognized by government agencies, or a company offering corporate services such as DocuSign or e-Signlive/One Span. This is one of the most secure ways of signing a document electronically, since the electronic signature has a certificate linking it to the identity of the signatory, and thus to the document. In this case, it is no longer as important to keep the e-mail address via which the document was sent. This method is preferable if your transaction is carried out via the cloud. In such a case, it is more difficult to link the identity of the signatory to the document.

There are a multitude of legal aspects surrounding technology documents. In short, it is recommended that contract administrators adopt best practices and consult a lawyer to ensure the integrity and validity of the process.

 

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