Whether you are using a click signature or a graphical signature, all digital signatures captured via ValidSign are supported by:
A certificate that is included in the document. This certificate ensures that integrity is maintained by automatically validating the signatures' validity and checking for any changes to the document after signing.
Identity data that is included in the document, such as an IP address and email address.
The data captured in the evidence summary, which records the actions performed by each signer from the start of the signing process.
eIDAS
With the implementation of the eIDAS regulation in the EU, the use of digital signatures has been firmly established in European and Dutch law. The eIDAS regulation sets out several requirements that an electronic signature must meet to have the same legal effects as a "wet ink" signature:
"It is uniquely linked to the signatory"
"It allows the signatory to be identified"
"It is created using electronic signature creation data that the signatory can use, with a high level of confidence, under their sole control"
"It is linked to the signed data in such a way that any subsequent change to the data can be detected."
The identity of the signer and the integrity of the document are therefore important components of the digital signing process that must be easily validated. If all of the above criteria are not met, the electronic signature is not legally valid. For example, a scanned signature image only meets the first two criteria, as it can easily be altered afterwards. This is not possible with an advanced digital signature.
The integrity of the document is ensured by the certificate that ValidSign adds to the document once it is signed. The identity of the signer can be verified to varying degrees. ValidSign provides its customers with the ability to configure the identification and authorization process for both internal users and counterparties. This gives the customer extensive control over the reliability of the electronic signature used.
It is more likely that the person who signed is actually the intended signer when SMS authentication is applied compared to using only email authentication. For example, it may be that a signer accidentally shared the link to the transaction, resulting in someone else signing on behalf of the intended signer (but still in the name of the intended signer). A significant part of this uncertainty is mitigated by using the second factor authentication (SMS or Question & Answer).
The highest level of identification is achieved with qualified signing and is considered equivalent to a "wet ink" signature according to eIDAS by definition.
If you have any questions about the legal validity of a digital signature, please contact us at support@validsign.eu.