The concept of legal certainty is often not specified and it is often unclear what it means. A term that better describes the actual question is "legally compliant". Can the electronic signature generated with signotec means be used via a pen pad or mobile device in accordance with the legislation?
In addition, it is also about the concept of evidentiary capacity: Can it be proven that a certain person has signed a certain document at a certain point in time and that this document and the associated signature has not been altered?
Therefore, with regard to "legal conformity", it must first be checked whether a written form requirement exists for the intended purpose. In accordance with the existing freedom of form for agreements, over 95% of all business transactions do not require a signature. Insofar as there is no formal requirement in accordance with BGB §126 a with regard to a qualified signature by legally required written form or explicitly legally required qualified signature, paper documents or electronic documents signed with a simple or advanced electronic signature are to be regarded as usable evidence (objects of inspection) and thus legally secure. There is no graduated legal security. However, there are technical differences in the conclusiveness of the evidence.
Signatures created with signoSign/2 and signotec pads, for example, are created as so-called advanced electronic signatures and are admissible evidence in court. As a special option, signotec offers an eIDAS-compliant advanced pad signature seal. This allows the recipient to verify the authenticity of the signature creator and the document integrity directly and without any additional actions.
The conclusiveness of an electronic document signed with the help of signotec technologies and provided with biometric data is far superior to a signed paper document. This has been confirmed by an independent and court-approved written expert in relation to the detailed graphical and forensic analysis in a court-approvable comparative written authorship investigation.
For the sake of clarification, it is not necessary for paper or electronic documents to authenticate the signatory at the time of signature or signature creation.
In connection with the General Data Protection Regulation (GDPR), it is becoming increasingly common for companies to decide against the storage of dynamic signature performance data. However, this is an essential component for fulfilling the requirements for an advanced electronic signature. signotec offers the "eIDAS Pad-Signatursiegel" (eIDAS Pad Signature Seal) in order to ensure a high evidential value and document integrity despite the renunciation of this essential data. An absolute unique selling point.
You can also find more information under the entry Electronic Signature.
Is the system legally secure? Print
Modified on: Tue, 15 Sep, 2020 at 4:14 PM
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