All types of electronic signatures in Fingerink are legal, but they have some differences and different levels of security
¿What is the electronic signature?
The electronic signature is a set of electronic data that accompanies or is associated with an electronic document and whose basic functions are:
To identify the signer unequivocally
To ensure the integrity of the signed document. Ensure that the signed document is exactly the same as the original and that it has not undergone alteration or tampering.
The data used by the signatory to make the signature are unique and exclusive and, therefore, later, you cannot say that you have not signed the document.
The legal basis of the electronic signature is included in Law 59/2003 of Electronic Signature and is developed in greater depth in the Legal Base section of the Signatures.
When a signer signs a document online consciously and intentionally, it is considered an electronic or digital signature. This signature has the same validity as a handmade signature on paper or a seal.
Is the electronic signature secure?
Electronic signatures are considered legally binding when it comes to signing documents, although their security depends to a large extent on the provider of your electronic signatures. Fingerink as an electronic signature provider provides:
During the signature process, a series of electronic evidences are generated that are collected in an evidentiary document. The integrity of the signature is guaranteed with an official time stamp.
The data is encrypted and stored safely, creating limitations of reading and signing of documents only to the corresponding users.
During the signing process the consent of the signer is expressly requested to capture their data, which is in compliance with the Spanish and European data protection law.
Are legal the electronic signatures?
All types of electronic signatures in Fingerink are legal, but they have some differences and different levels of security.
European Union Laws
The Regulation (EU) No 910/2014 – also known as eIDAS – relating to electronic identification, defines three types of electronic signatures, all of them legal, which differ in the varying levels of security they each possess.
Simple Electronic Signature
The simple electronic signature gathers the recipient’s electronic data but has no evidentiary value because it does not allow for identification of the user. Because of its ease and speed it is commonly used for cases with low legal risk.
Advanced Electronic Signature
The advanced electronic signature is the signing record of the signatory, linked to them in a unique way and allowing for their identification. The authentication of the identity of the signer ensures the evidentiary value of this type of signature.
Qualified Electronic Signature
The qualified electronic signature uses a specialized device to create advanced electronic signatures. It allows for the signing of the signatory as it is based on a qualified electronic signature certificate. The signer needs to have their digital certificate.
United States laws
In the United States there are two laws that regulate electronic signature and establish that digital signatures are as equally legally valid as handwritten signatures on paper.
Laws in other countries
At the international level, we find different initiatives that establish a basic framework for the use of the electronic signature, such as the OCDE or UNCITRAL guidelines, and those of the International Chamber of Commerce (ICC).
Electronic signatures have been regulated at a national level in the following countries:
Recognized and with full legal validity: Australia, Canada, Chile, Colombia, South Korea, United Arab Emirates, Philippines, Hong Kong, New Zealand, Peru, Singapore, South Africa and Switzerland.
Recognized: China, India, Japan and Russia.
Who uses the electronic signature?
Electronic signatures are used to sign all types of administrative documents and paperwork, from simple one-sheet agreements to complex mortgage or loan documents.
Sales teams close agreements faster by streamlining the signature process.
Electronic signatures are being used to simplify the processes of incorporations and work communications.
Real estate sector
Real estate agents are signing housing contracts with the electronic signature.
Public and private administration
Schools and administrative industries are easily signing requests.
Records of patient data, informed consent and admission forms are streamlined.
The electronic signature system at Fingerink is auditable
Once the signature has been completed, we offer evidentiary documentation that gathers the electronic evidences originated during the signature process and guarantees its integrity with an official time stamp.