The electronic signature: the different legal values of a digital signature
January 24, 2022
Laurie Candela
The electronic signature is becoming more and more part of our daily life. From receiving a package to signing an attendance sheet, handwritten signatures are disappearing. But do you know what the legal value of digital signatures is? Bienvenue.pro already offers a simple signature accompanied by a qualified certificate and is developing an advanced signature. The qualified signature represents the highest level of certification. We explain the interest and legal value of each type of digital signature.
Differentiation criteria for the electronic signature
The European "eIDAS" regulation has defined a framework for digital identification and in particular for authentication by electronic signature. By delegating to "trust services" the qualification of the signature, Europe has decided to harmonize and validate an already widely developed practice. In short, the certificates that validate the value of a signature are issued by competent bodies. For example, our certified stamp is issued by a certification authority (a Docapost subsidiary). This allows us to give evidential value to our sign-in sheets for the Bienvenue Formation application. More generally, the digital signature is classified according to 3 different levels of security.
The different electronic signatures
The main differentiation criterion is the authentication of the identity of the signatory. The legal value is based on the association between the identification of the signatory and the tool used for the electronic signature. The verification of the identity is done with an electronic certificate and the digital signature is done on a dedicated software or website.
Simple signature
The simple signature is used in the vast majority of cases. This signature process offers a sufficient level of security for most signed documents. Its security and authenticity can be certified by the collecting body, which gives it legal recognition. The certification of the signature is thus entrusted to a company such as ours through a process of delegation of "trust services". In the end, this type of electronic signature is largely sufficient for training purposes or for the receipt of a package.
Advanced signature
The advanced electronic signature meets reinforced legal needs. The identification of the signatory is even more secure, he must validate his identity through specific digital certificates. Often, it is the identity card that authenticates the signatory. This level of security may be necessary when the legal nature of the document requires it. For example, the advanced signature can be used to validate a digital invoice or a real estate transaction. Bienvenue.pro will offer this digital signature solution in 2022 via a paying option.
Qualified signature
This very complex level of security is reserved for areas such as notarized or legal documents, public contracts, financial products, etc. The high level of security concerns each step: the integrity of the signed document, the archiving in an electronic safe, the way to authenticate the signatory, etc. A physical meeting or videoconference completes the identity verification, which makes this electronic signature time-consuming.
In the end, simple or advanced digital signatures are largely sufficient within the usual legal framework. The qualified electronic signature is to be reserved for very particular fields.
