What is a digital electronic signature?

It has been over 30 years since the digital signature was first introduced. Initially, it was considered a business luxury. This notion persisted for many years, but today, it is a well-recognized tool. Electronic signatures make business transactions and communication with administration secure and convenient. Yet, despite the popularity of e-signatures, many individuals and businesses are not familiar with this tool and its importance in the digital age. Here we would like to present basic information about what an e-signature is and how to obtain one.

Is an electronic signature the same as a handwritten signature?

Electronic signatures are widely used around the world, but not everyone is aware that their validity depends on the type of signature and its legal regulations. The use of the signature and its validity is regulated by both international codes and local laws. The most well known is the pioneering European law commonly known as eIDAS, which defines the use of the signature depending on the situation and the type of document being signed.

eIDAS is the generally used name for the EU Regulation 910/2014 on electronic identification and trust services for electronic transactions in the internal market These are standard rules applicable in all European Union member states as of July 1, 2016, which ensure a consistent legal structure in trust services (electronic signatures, among others) and electronic identification.

According to the Regulation of the European Parliament and of the Council on trust services and electronic identification, there are three types of electronic signatures: simple electronic signature, advanced electronic signature and qualified electronic signature. All three of them are widely used and applicable, but only a qualified signature is considered equivalent to a handwritten signature in terms of legal effect.

Types of electronic signatures

Simple electronic signature is a signature that is not advanced or qualified. The eIDAS regulation defines a simple electronic signature as “data in electronic form that are attached to or logically associated with other data in electronic form and that are used by the signatory to sign“. Even though it is one of the most widely used electronic signatures in the world, its characteristics do not allow for unambiguous confirmation of the identity of the signatory, making it easy to challenge and many institutions, both public and private, do not accept documents signed with this type of signature and do not support its use.

Advanced electronic signature – is a type of electronic signature that meets a number of technical and legal requirements under the eIDAS regulation

It satisfies the following criteria:
1. it is uniquely assigned to the signatory;
2. it enables the identification of the signatory;
3. it is created using electronic signature creation data which the signatory can, with a sufficient degree of certainty, use under their sole control; and is linked to data signed in such a way that any subsequent change thereof is recognizable.

These features of the advanced electronic signature provide full and high level security in the processes of signing and concluding business contracts.
Additionally, thanks to advanced cryptography, it ensures the integrity of the signed document, which translates into the assurance that the signed document has not been modified and the signatory’s identity has not been changed.

Remote identity verification

The issuance of an advanced signature is based on a process that explicitly verifies and confirms the identity of the signatory and then enables the secure signing of the document. The first part of the process uses a variety of methods based on facial biometrics and document verification which allows the signature to be linked with the identity of the signatory. All processes take place online, which means that the entire process can be performed from anywhere in the world and at any time.

Qualified electronic signature and electronic seal defined by the eIDAS Regulation

What is a certificate of electronic signature according to the eIDAS Regulation?

A certificate of electronic signature is an electronic attestation that attributes the data used to validate an electronic signature to a natural person and confirms at least the name and last name or the pseudonym of that person. A qualified electronic signature certificate is a certificate that meets the conditions specified in the eIDAS Regulation and one that is issued by a qualified trust service provider.

Signature in practice

An electronic signature is one’s own signature, affixed personally using specific technical means and functioning in the digital world. It has the same validity and legal force as a unique handwritten signature, i.e. it can be used to sign and give legal force to all kinds of documents that are in electronic form. Similarly to a handwritten signature, an electronic signature is unique, closely linked to the content being signed and assigned to a specific individual who affixed the signature. The verification of the authenticity of the electronic signature, including the identification of the signatory, is ensured by the certificate. Based on the certificate, it is possible to determine:
– who is the sender (non-repudiation of origin),
– whether the content of the information has not been altered during data transmission, during the period of retention or as a result of intentional manipulation.

Binding the electronic signature to the document makes it impossible for the signatory to deny authorship or knowledge of its contents, it is the so-called guarantee of non-repudiation. Additionally, the electronic signature mechanism guarantees the integrity of the signed documents, thanks to which any changes made once it has been signed are detectable.
A qualified electronic seal is the digital equivalent of a traditional company stamp. It is a trust service that is only issued to entities with legal personality, i.e. companies, institutions or offices.
According to the eIDAS Regulation “an electronic seal is data in electronic form, which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity.”
Functioning as described above, an electronic seal can be used primarily during mass generation of electronic documents, the authenticity of which must be ensured and the content protected from unauthorized changes.

Legal effects of an electronic signature

Documents bearing an electronic signature have legal effect and probative value. Any other electronic signature, which does not meet all the requirements of a qualified signature, can also have legal effects. The detailed specification of situations requiring a qualified signature and those in which any other signature is sufficient is determined by the national law of each member state of the European Union. A qualified electronic signature has the same legal effect as a handwritten signature. A qualified electronic signature based on a certificate issued in one member state is recognized as a qualified electronic signature in all member states.

What types of electronic signatures can be distinguished depending on the method of affixing the e-signature?

Regardless of the type of the signature, the resources for creation and verification (validation) of electronic signatures are issued by trusted certification centers, such as Certum once the identity of the person willing to use the e-signature is verified. This way such a certificate can be referred to as trusted. E-documents bearing a signature with a certificate, on the other hand, can be considered credible, because accredited, qualified certification centers always verify and confirm the veracity of the data contained therein. Currently on the market there are two types of tools used to create a qualified electronic signature, which by law is recognized as equivalent to the handwritten signature. Hence, due to the method of creation, we distinguish:
– “mobile” e-signature – created on mobile devices or desktop/laptop computers using the SimplySign service. It does not require additional technical components such as a physical card and reader.
– “card” e-signature – created using a physical card (such as a phone SIM card) and a card reader (e.g., the size of a flash drive) connected to a computer.

Advantages of using electronic signatures

The biggest benefit of having an electronic signature is the ability to do deal with paperwork remotely. Whether it is official or business. The signature makes it possible to bypass queues, not to waste time commuting or filling out paper documents. It also allows for a reliable confirmation of identity and ensures the integrity of the document bearing the e-signature, i.e. provides the highest level of security.

Paweł Wojtaszyk, Anna Sikorska