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Contrary to common notion, electronic signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act).As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)These Aadhaar based e-signatures and digital signatures are valid as long as they satisfy these conditions:(i) Electronic signatures must be uniquely linked to the person signing the document. (in the case of Aadhaar based signatures, they are linked by the unique Aadhaar ID)(ii) At the time if signing, the signatory must have control over the data used to generate the electronic signature (for eg: they should be able to directly affix the electronic signature to the document)(iii) There should be an audit trail of the steps taken during the signing the process(iv) In the case of digital signatures, signer certificates must be issued by signNowing Authority recognized by the Controller of signNowing Authorities appointed under the IT Act.Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures.Looking to sign documents legally in minutes?If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.

If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar based eSign solution [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ] that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go. Aadhaar eSign is a digital signature that combines the Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification). Adding on to this Aadhaar based identity verification, Aadhaar eSign also creates a unique digital signature on the fly for that particular document execution using the Aadhaar ID. (Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_campaign=AwareAndAcquire_Generic&utm_content=dec20_aadhaar_esign_blog&utm_medium=Community&utm_source=Quora ]using your Aadhaar ID) To give you a better overview of the legal validity of electronic signatures in India - Indian law has recognized electronic signatures since the year 2000, with the passage of Information Technology Act (IT Act). Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures. P.S: I work at signNow

Electronic signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act). As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include: (i) Digital Signatures [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ]: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document. Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_campaign=AwareAndAcquire_Generic&utm_content=dec20_aadhaar_esign_blog&utm_medium=Community&utm_source=Quora ]using your Aadhaar ID (ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification) Given that all Indians now have an Aadhaar card with a unique ID, the easiest way to go about signing a contracts, invoices, or quote online - signNow, India’s first Aadhaar eSign solution [ https://blog.getsignNow.com/news-announcements/esignature-aadhaar-india/?utm_medium=Community&utm_campaign=AwareAndAcquire_Generic&utm_source=Quora&utm_content=dec20_aadhaar_esign_blog ] that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go. P.S: I work at signNow

Everyone knows that India is becoming digital and great initiatives have been taken by our PM. E-Signatures are legally valid in India, and businesses can use it without any doubt.Requirements for validityThe Information Technology Act, 2000 provides for the adoption of e signatures and acknowledges two forms of e-signs as having similar legal acceptance as pen-and-paper signatures. These forms specifically acknowledged under the IT Act include:E signatures which incorporate an Aadhaar ID with an electronic Know-Your-Customer (eKYC) method.Digital signatures which are created by an “asymmetric crypto-system and hash function”. For such signatures, the signer is usually issued a long-term certificate-based digital identity number, stored on a USB token, which is used to place a sign on a document.For the above forms of electronic signatures to be legitimate, they must satisfy these further conditions.The signatory of the e signature must be uniqueAt the point of signing, the signatory should be in control of the data employed to generate the e-sign.Any tamper with the signature, or the form to which the signature is placed, must be easily detectable.There must be an audit trail of procedures followed during the signing process.Signer certificates should only be granted by the signNowing Authority.If all these conditions are followed, then there is an obvious legal belief in favor of the legality of any document signed using e-signatures.However there are some documents which Indian law prohibits to be signed electronically. Here is the list of it.Any document listed by the government of India on the official gazettePower of attorneyTrust deedsA will and other forms of testamentary dispositionNegotiable documents such as bills of exchange, drafts, promissory notes and moreDocuments involving any sale of immovable property such as real estateTo learn more about technical and legal overview of electronic signatures in India, Read this article - Electronic Signatures India - Technical & Legal Overview | signNow

Electronic signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act).As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)In fact, Aadhaar based electronic signatures are currently being leveraged by government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance.For example, the Department of Telecommunications recently issued detailed guidelines that allow telecom service providers to use the Aadhaar eKYC process to issue new mobile connections as an alternative to existing proof of identity.Looking to sign documents legally in minutes?If you are looking to get legally compliant electronic signatures on contracts, invoices, quotes etc., try signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.

Businesses can sign contracts electronically in India using signNow's EchoSign service but it would be advisable to use digital signatures over electronic signatures. What is signNow's Echosign service? signNow's Echosign service provides [ https://www.echosign.signNow.com/en/how-it-works.html ] user a platform to sign manually on a touch-based device and conduct transactions electronically. The signature thus provided is an electronic signature (e-sign). signNow clarifies [ https://www.echosign.signNow.com/en/support/knowledgebase/Is_an_EchoSign_Signature_a_Digital_Signature.html ] that Echosign is an electronic signature and not a digital signature. How is it different from a digital signature? An electronic signature signifies electronic authentication of electronic records [See Section 2(ta) of the IT Act, 2000 on Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]]. An electronic signature comprises all signNow electronic techniques that can be used to authenticate a document. A digital signature, on the other hand, is a kind of electronic signature that employs asymmetric crypto systems and hash functions to envelop and transform the e-record into another e-record. It is more secure and reliable. [See Section 2(p) and Section 3 of the IT Act, 2000 [ http://www.dot.gov.in/sites/default/files/itbill2000_0.pdf ]] Are electronic signatures legally valid in India? While digital signatures issued by licensed signNowing authorities [ http://cca.gov.in/cca/?q=licensed_ca.html ] in India are wholly valid and recognized, electronic signatures may or may not be considered reliable. According to Section 3A: [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ] %3E Electronic Signature.- (1) Notwithstanding anything contained in section 3, but subject to the provisions of subsection (2) a subscriber may authenticate any electronic record by such electronic signature or electronic authentication technique which- (a) is considered reliable ; and (b) may be specified in the Second Schedule (2) For the purposes of this section any electronic signature or electronic authentication technique shall be considered reliable if (a) the signature creation data or the authentication data are, within the context in which they are used, linked to the signatory or , as the case may be, the authenticator and of no other person;(b) the signature creation data or the authentication data were, at the time of signing, under the control of the signatory or, as the case may be, the authenticator and of no other person;(c) any alteration to the electronic signature made after affixing such signature is detectable; (d) any alteration to the information made after its authentication by electronic signature is detectable; and(e) it fulfills such other conditions which may be prescribed.(3) The Central Government may prescribe the procedure for the purpose of ascertaining whether electronic signature is that of the person by whom it is purported to have been affixed or authenticated(4) The Central Government may, by notification in the Official Gazette, add to or omit any electronic signature or electronic authentication technique and the procedure for affixing such signature from the second schedule; Provided that no electronic signature or authentication technique shall be specified in the Second Schedule unless such signature or technique is reliable (5) Every notification issued under sub-section (4) shall be laid before each House of Parliament.] In simple terms, while digital signatures issued by licences CAs are ipso facto valid, other kinds of electronic signatures (including signNow Echosign), to be considered valid, will have to prove themselves to be reliable as per Section 3A(2). Such reliable electronic signatures (including digital signatures) are legally recognized as per Section 5 in the Amendment to the IT Act, 2000 [ http://deity.gov.in/sites/upload_files/dit/files/downloads/itact2000/it_amendment_act2008.pdf ]: %3E Legal recognition of electronic signatures: Where any law provides that information or any other matter shall be authenticated by affixing the signature or any document shall be signed or bear the signature of any person (hence, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied, if such information or matter is authenticated by means of electronic signature affixed in such manner as may be prescribed by the Central Government.Explanation.—For the purposes of this section, "signed", with its grammatical variations and cognate expressions, shall, with reference to a person, mean affixing of his hand written signature or any mark on any document and the expression "signature" shall be construed accordingly. What should you do? You may sign using signNow Echosign but in case of a dispute, it might be difficult to prove the authenticity of the document. If you transact electronically on a regular basis, it is highly recommended that you obtain [ http://cca.gov.in/cca/index.php?q=faq-page#n39 ] a digital signature certificate from one of the 6 recognized signNowing authorities.

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To set the context - digital signatures have been valid in India, since year 2000, under the Information Technology Act (IT Act).As per the IT Act, two types of signatures have the same legal status as handwritten signatures. These primarily include:(i) Digital Signatures: In this case, the signer is issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that can be used along with a personal PIN to sign a document.Note: Previously, the signer was issued a long-term (1 to 2 year) certificate based digital ID stored on a USB token that could be used along with a personal PIN to sign a document digitally. Now with Aadhaar, that complicated procedure isn’t required anymore. You can simply use signNow’s Aadhaar eSign to create a digital signature on the fly using your Aadhaar ID(ii) Electronic signatures: These electronic signatures combine Aadhaar identity number with an electronic Know-Your-Customer (eKYC) method (which includes sending an One-Time-Passcode to the mobile number linked to the Aadhaar card for verification)Currently government authorities such as Ministry of Corporate Affairs, Department of Revenue, and Ministry of Finance are all accepting electronic records using electronic signatures.For example, the Department of Telecommunications recently issued detailed guidelines that allow telecom service providers to use the Aadhaar eKYC process to issue new mobile connections as an alternative to existing proof of identityFew of the exceptional cases in which digital signatures are not legally valid include:(i) Negotiable instruments such as a bill of exchange or a promissory note(ii) Powers of attorney(iii) Trust deeds(iv) Wills and any other testamentary disposition(v) Real-estate contracts such as leases or sales agreements.Given that all Indians now have an Aadhaar card with a unique ID, the easiest way to go about signing a contracts, invoices, or quote online - signNow, India’s first Aadhaar eSign solution that offers a complete fill-and-sign functionality with business workflows. Thus allowing users to finish their documents in one go.

Online signature software such as EchoSign or signNow use electronic signatures, also known as digital signatures.Most countries now have legislation that provide for the use of electronic signatures.However, these countries may have slightly different requirements for what constitutes a legally binding electronic signature.The United Nations has attempted to provide some unifying features through the UNCITRAL Model Law on Electronic Signatures 2001 but this model law has only been adopted in 32 states including the UK, China, Mexico and India.In the UK, the Electronic Communications Act 2000 was enacted to comply with the UNCITRAL Model Law but it has now been replaced by Europe’s Electronic Identification and Authentication Services Regulation (910/2014/EC)(eIDAS) which came into force on July 1 2016.This new law applies to all EU member states, but since BREXIT, it is uncertain whether the UK will continue with eIDAS.The eIDAS states that only "qualified electronic signatures" will be mutually accepted by all the EU member states. A qualified electronic signature must be uniquely linked to the signer and based on a qualified electronic certificate that is issued by an approved authority.In the USA, the Electronic Signatures in Global and National Commerce Act (ESIGN, 2000) and the Uniform Electronic Transactions Act (UETA, 1999) give similar recognition to online signatures as paper signatures.Under these two acts, the term "electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.Briefly, the following requirements must be met for an electronic signature to be valid:The signer intended to sign, consented to the use of electronic records for the transaction and did not withdraw his or her consent.The electronic transaction system must keep a record of how the signature was created or make a textual or graphic statement that must be attached to the agreement.The signer must have received a copy of the UETA consumer consent disclosures.The electronic signature records must be capable of being retained and accurately reproduced later by all parties. In other words, all parties must be allowed to reprint the agreement and the signatures if they want to.In Canada, electronic signatures are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA, 2000). A secure electronic signature must be:Unique to the person signing.The person signing has sole control over the signing process and his or her identify can be verified.The electronic signature is linked to an electronic document in a way that any attempt to change the document can be determined.In general, there's a lot of similarity in requirements governing electronic signatures, mainly because this is necessary to promote the growth of international e-commerce and trading.However, to avoid uncertainty, you should always state in your agreement which country’s law applies to the agreement. If there was going to be a dispute later on, you then know which country’s law will apply to the agreement and what the likely result will be.Also, even though you sign an agreement online using these software, ensure that you print a copy of the agreement and the signatures and keep these paper copies for your own records.For more info, you can check out our article on 4 tools to sign NDA agreements electronically.Credits: Icon "edit" by Chameleon Design from the Noun Project.