Is The Electronic Signature Legally Binding

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Is The Electronic Signature Legally Binding
Is The Electronic Signature Legally Binding

Video: Is The Electronic Signature Legally Binding

Video: Are Electronic Signatures legally binding? 2022, December

An electronic signature is understood as such a requisite of a document, which makes it possible to confirm that the signature belongs to its author and to establish the absence of distortions in the text. The value of such a variable is formed by means of a cryptographic transformation of the initial information.

Is the electronic signature legally binding?
Is the electronic signature legally binding?

Electronic signature: general information

An individual, when registering the right to an electronic signature, is issued a certificate of such a signature by a special certification center. At the same time, a person receives two keys: an open and a private one. Using a private key, you can quickly generate an electronic signature and sign a document. The public key is also called the verification key. Its function is to confirm the authenticity of the signature.

Legislation distinguishes three types of electronic signature:

  • simple;
  • reinforced unqualified;
  • strengthened qualified.

Legal force of an electronic signature

The Law "On Electronic Signature" establishes that a document in electronic form, if it is signed with a simple or enhanced unqualified electronic signature, is equivalent to a document drawn up on paper, on which the author has put his handwritten signature.

In this case, there must be an appropriate agreement between the participants in the interaction.

An enhanced qualified signature that certifies an electronic document will be analogous not only to a handwritten signature, but also to a seal on a document. Bodies exercising control functions can recognize the legal force of only those documents, in the preparation of which a qualified electronic signature was used.

Where electronic signature can be applied

The main scope of such a signature is electronic document management. The purpose of such a workflow can be very different: from internal information exchange to personnel or commercial and industrial.

The electronic signature has found wide application in the preparation of reports for bodies exercising control functions. In this case, the method of sending reports does not matter. The electronic signature gives the reports the necessary legal significance.

To obtain public services, citizens are also increasingly using this type of identity.

Currently, almost no electronic auction can do without an electronic signature. Such a signature is extremely necessary for suppliers of goods and services on both commercial and state trading platforms. The electronic signature assures the parties to transactions that they are dealing with real commercial offers.

Increasingly, this type of certification signature is used in interactions between individuals. Example: signing various business documents (act of acceptance and delivery of services, loan agreement).

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