PeopleForce's E-Signature feature empowers you to sign documents within our platform digitally. This innovative tool streamlines your document management process, saving time and enhancing efficiency.
Legality of electronic signatures
PeopleForce has partnered with Signaturit, a cutting-edge legal tech firm, to provide our e-signature solution. Signaturit's credentials as a Qualified Trust Service Provider (QTSP) ensure that our e-signature feature meets the highest standards of security and legal compliance.
In Ukraine, electronic signatures are regulated by the “Law of Ukraine on Electronic Trust Services,” which defines two types:
Simple Electronic Signature (SES): This type of signature is used for basic transactions without needing specialized equipment. Examples include names and email addresses. It is typically applied to less significant legal documents or internal corporate matters with low risk. The PeopleForce signature falls into this category.
Qualified Electronic Signature (QES): This type of signature requires certified equipment and offers higher security. Legally equivalent to a handwritten signature, it is used for important legal documents, financial transactions, and high-trust scenarios.
⚠ It is important to remember that the legal validity of electronic signatures varies depending on the document and is subject to the legislation of each country. It is recommended that you consult your legal advisor regarding your specific use cases.
E-Signature types according to the EU's eIDAS Regulation
The European Union's eIDAS Regulation outlines three distinct levels of electronic signatures, each with its own degree of legal protection:
Simple E-Signature: The basic form of digital signing. Think of it as a digital equivalent of ticking a box or entering a PIN.
Advanced E-Signature: A step up in security, this type must meet four key criteria:
Unique link to the signer
Ability to identify the signer
Creation using data under the signer's sole control
Linkage to signed data that reveals any subsequent alterations
Qualified E-Signature: The highest level of security, created using a qualified electronic signature creation device and a qualified certificate.
What type of E-Signature does PeopleForce provide?
PeopleForce provides an Advanced Electronic Signature solution, offering a robust level of security and legal validity. The advanced electronic signature ensures the veracity of the identity and integrity of the signed data. Furthermore, it is admissible legal evidence as evidence in a trial.
What is the advanced electronic signature?
An advanced electronic signature is a set of data attached to an electronic message. Its purpose is to uniquely identify the signatory as the author of the message as if it were a handwritten signature.
Due to its characteristics, it provides the user’s electronic transactions with added security as it is possible to identify the signatory and also verify that the message has not been modified.
In this case, this type of signature allows us to guarantee the integrity of the signed content, in other words, that the signed content has not undergone any type of alteration or modification from the moment it was signed.
How is the identity of signers verified?
An identifier is used to verify the signer's identity. This identifier can be a name, username (nickname), or email address, ensuring that the user can declare who they are.
Which documents can you sign with advanced digital signatures?
With advanced electronic signatures, virtually any digital document can be authenticated, be it contracts, invoices, or agreements. Below are some examples:
Employment contracts;
Commercial contracts;
Non-disclosure agreements;
SERA mandates.
How do you ensure the security and validity of signatures?
To ensure the integrity of the process, Signaturit generates an evidence document
- Audit trail. Once all the requested signatures have been collected, an Administrator can download audit trails from the document viewer.
What is an audit trail?
An audit trail is a document in which all electronic evidence (data) generated during the signing process is stored. This serves as evidence to ensure information integrity at all times, avoiding any manipulation.
Through an encryption algorithm and Official Time Stamping, Signaturit ensures the integrity of the data and, therefore, its legal validity as proof of who signed the document, when, and where.
Each electronic signature is "embedded" in the document, including the biometric data captured during the signing process.
The Signaturit’s audit trail contains the following information:
Unique identifier of the transaction.
The signer's name.
The signer's email address.
IP address.
Geolocation.
Authentication history.
Chain of custody (ex: sent, seen, signed, etc.).
Official time stamp.
Complete status.
� Read Signaturit's blog for more information about the audit trail.
Global compliance of PeopleForce's eSignature solution
Electronic signatures have gained legal recognition in many countries, facilitating digital transactions and agreements. Below are key aspects of electronic signature laws in several nations and the European Union.
European Union
The eIDAS Regulation (EU) No 910/2014 provides a standardized framework for electronic signatures across EU member states. It defines three types of electronic signatures:
Standard Electronic Signatures
Advanced Electronic Signatures (AdES)
Qualified Electronic Signatures (QES)
The regulation ensures cross-border interoperability and legal certainty for electronic transactions within the EU.
Argentina
Argentina's Law 25,506 recognizes electronic signatures. They're valid for most documents and contracts. E-signed documents are legally binding and can be used as evidence in court. This makes digital transactions easier for businesses and individuals.
Brazil
Brazil's Electronic Signature Law, along with Law 11,419 and Provisional Measure 2,200-2, gives legal status to e-signatures. Electronically signed documents are valid in court. This applies to all agreements not specifically restricted by law. Companies can safely use e-signatures for most business dealings.
Mexico
Mexico's Advanced Electronic Signature Law, part of the Civil Code, fully supports e-signatures. Contracts signed electronically are just as valid as traditional ones. The law states that digital documents can't be rejected simply because they're in electronic form. This encourages businesses to adopt digital processes.
Paraguay
Paraguay's Law No. 4107, passed in 2010, allows contracts to be valid whether spoken, written, or electronic. It defines e-signatures and regulates their use. E-signed documents are admissible in court if they can be proven reliable. This law modernizes Paraguay's approach to business agreements.
Chile
Chile's Law 17,799 and Decree Law 181 govern e-signatures. These laws state that e-signed documents have the same legal effect as handwritten signatures. This equivalence helps streamline administrative processes for both public and private sectors.
Peru
Peru's Electronic Signature Law (Law 27,269 and Decree 052/08) recognizes various forms of contracts, including those signed digitally. This flexibility allows businesses to choose the most convenient method for their transactions, promoting efficiency.
Honduras
Honduras' Electronic Signature Law No. 33,301 validates contracts based on party agreement, regardless of how they're formalized. This includes e-signatures, giving them equal legal standing with written documents. It simplifies contract processes for Honduran businesses.
Colombia
Colombia's Commercial Code and Law 527/99 regulate e-signatures. They require advanced signatures to maintain document integrity and be linked to a single person or entity. Time stamps are used to ensure integrity. This provides a secure framework for digital transactions.
Ecuador
Ecuador's Electronic Commerce Law 2002-67 gives e-signatures the same validity as handwritten ones. Article 14 specifically states their equal judicial effects. This law encourages the adoption of digital processes in Ecuadorian business and government sectors.
Portugal
In Portugal, Decree Law 290-D/99 approves digital signatures. Most contracts can be concluded in writing, orally, or electronically. The law regulates the right to use e-signatures for agreements without specific restrictions. This supports Portugal's digital transformation efforts.
There’s a global trend towards accepting electronic signatures as legally binding, with specific regulations varying by country and region. The European Union's eIDAS Regulation provides a comprehensive framework for its member states, while other countries have their own laws and regulations. Always consult local laws and legal experts for the most up-to-date and accurate information when dealing with electronic signatures in these jurisdictions.