Legality

 

EUROPEAN UNION

 

On 1 July, 2016, Regulation (EU) No. 910/2014 of the European Parliament and of the Council, of 23 July 2014, known as eIDAS, on electronic identification and trust services for electronic transactions came into force. This regulation defines the legal framework for electronic signatures and repeals the previous law, Directive 1999/93/EC.

Fingerink provides an electronic signature solution in accordance with the eIDAS regulation and the electronic evidences collected during the signing process are therefore legally admissible and valid throughout the EU.

  • Regulation (EU) nº 910/2014

 

UNITED STATES

 

Two laws establish the legality of the electronic signature in the United States of America: the Uniform Electronic Transactions Act (UETA, 1999) and the Electronic Signatures in Global and National Commerce (ESIGN, 2000) Act.

In both cases, it is established that electronic signatures have the same legal validity and effect as traditional paper methods and signed manuscripts.

  • UETA Act
  • ESIGN Act

 

LATIN AMERICA AND OTHER COUNTRIES

 

Internationally, we find different initiatives that establish a basic framework for the use of electronic signatures, such as the guidelines of the OECD, those of the UNCITRAL and the International Chamber of Commerce (ICC).

Electronic signatures have been internationally regulated by the following countries:

  • Recognised and fully valid: Australia, Canada, Chile, Colombia, South Korea, United Arab Emirates, Philippines, Brazil, Mexico, Argentina, Uruguay, Panama, Hong Kong, New Zealand, Peru, Singapore, South Africa and Switzerland.
  • Recognised: China, India, Japan and Russia.

 

ELECTRONIC SIGNATURE LAW

 

These electronic signature laws aim to encourage the rapid adoption of electronic signatures and decrease the use of out-dated paper methods. A contract shall have the same legal validity as a conventional contract under Fingerink. As we have mentioned in different sections, Fingerink generates electronic evidences containing various relevant data that certifies the credibility and authority of the document.

 

SIGNING INTENTION

 

One of the main criteria for an electronic signature to be valid is that clear intention exists on behalf of the signatory in signing. As we have commented, Fingerink provides electronic evidence for each one of the signed documents certifying the signatory’s clear intention to collaborate.

 

FORGERY-RESISTANT REGISTRATION

 

Fingerink is designed to keep your contracts secure and to avoid the wrongful manipulation of the documents during and after the signing process.

After signing, Fingerink secures your document by running a complex control algorithm to ensure permanent forgery-resistant registration.

 

DOCUMENT ACCESS AND STORAGE

 

Documents are stored in an infrastructure consisting of secure servers that are recognised internationally.

 

SECURITY AND ENCRYPTION POLICY

 

We take your information’s security seriously. Confidential communications with Fingerink are protected with SSL encryption. In addition, we encode all statically stored user files and signature information is located in secure servers.

Fingerink protects the confidentiality and access to documents that are sent and signed via our platform. We have the highest levels of security available to us, with the same standards used by banks and governmental agencies.

 

  • Advanced encryption: Connection and access to the platform is made via the advanced encryption standard (AES) and a key-size of 256 bits.
  • Multi-factor authentication: Data is encrypted with public and private keys and shall only be accessible in case of litigation and when required by a judge.