Introduction
Electronic signatures are commonly used in both business and personal settings, but what exactly are they?
An electronic signature is a broad term for different digital ways of "signing" documents.
Under the Electronic Communications Act 2000 https://bit.ly/41cnWX8, an electronic signature can be explained as anything digital that:
• is attached to or connected with an electronic message or file.
• is intended to verify that the message or file is real, hasn’t been altered, or both.
There are three types of electronic signatures:
1. Simple e-signatures (SESs)
2. Advanced e-signatures (AdESs)
3. Qualified e-signatures (QESs).
Each type is tailored to specific situations, making it important to understand their appropriate uses.
Simple e-signatures (SESs)
A simple electronic signature (SES) is a digital representation of a handwritten signature and is the most basic type of electronic signature.
Examples of SESs include:
• Typing your name at the end of an email, Word document, or webpage;
• Scanning your handwritten signature and inserting it as an image into a document;
• Clicking an "I accept" button or icon on a webpage to signify agreement to a legal obligation;
• Using an email address or a unique access code for verification;
• Drawing your signature directly on a touchscreen device.
They can be used for things like simple business transactions, contracts, purchase orders, signing for a delivery or approving a document on a tablet.
Legal status
Is an electronic signature legally binding in the UK?
Yes—e-signatures are typically considered valid evidence in court, using the same criteria that would apply to traditional signatures.
Vulnerabilities
Anyone with access to a user account could apply an SES to a document
Advanced e-signatures (AdESs)
An AdES is a type of electronic signature that offers extra security and proof of identity. It is a level above an SES because:
• It is Tied to the Signer: It’s uniquely linked to the person signing, and they must go through steps (like entering a code or using ID verification) to prove who they are;
• It Protects the Document: Once signed, the document is locked. If someone tries to change it, the signature won’t work anymore;
• It Can’t Be Denied: After signing, the person can’t easily claim they didn’t sign it; and
• It Follows the UK eIDAS Regulations https://bit.ly/49hzpa6 to ensure its legally valid.
Here are some examples of how an Advanced Electronic Signature (AdES) works:
• The signer logs into a secure, password-protected system;
• The signer’s identity is automatically verified;
• A one-time password (OTP) is sent to the signer via SMS, which they use to confirm their identity;
• A digital certificate is created and linked to the transaction, ensuring its authenticity.
Qualified e-signatures (QESs)
A Qualified Electronic Signature (QES) is an electronic signature that is issued by a Qualified Trust Service Provider (QTSP).
In the UK, a QTSP is an organization that has been granted qualified status by the ICO - Information Commissioners Office.
The ICO publishes a UK "trusted list" that includes information about qualified trust service providers and the services they offer.
To get a QES, you can:
1. Choose an eSignature Platform that integrates with QES;
2. Upload your documents;
3. Have your documents authenticated by a QTSP;
4. Receive your QES certificate;
5. Track the signature process.
QESs are the most secure type of electronic signature.
Businesses often use QESs for signing contracts, agreements, and other legally binding documents. This includes industries like Estate Agents where property sales contracts are finalised, and IT, for software licensing agreements. Many government services also rely on QES for secure and verified documents.
Conclusion
Understanding the different types of electronic signatures—SES, AdES, and QES—can help you choose the right level of security and authenticity for your needs. Whether you're handling simple transactions or legally binding contracts, knowing the distinctions ensures you’re signing with confidence and compliance.
Remember, while this information is valuable, it should not be relied upon as a substitute for legal assistance tailored to your specific situation.
For expert advice and support, please contact Richard Jenkins at 024 7698 0613 or reach out via email at Richard@clariclegal.co.uk
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