Ensuring eSignature Lawfulness for Legal Services in United States

How to eSign a document: eSignature lawfulness for Legal Services in United States

Hi. I'm Fredrik, and I'm the Information Security Manager at Penneo. In this video, we will talk about the different types of electronic signatures, including the safest one called Qualified Electronic Signature. In the previous video, we talked about the electronic and digital signatures, explaining how the latter provide higher security and reliability. But we didn't touch base on the legal validity. So let's get straight to it. Are digital signatures legally binding? And are simple electronic signatures legally valid too? So, the short answer is yes. Electronic signatures are generally considered to be legally valid, and they are widely used globally. Within the EU the legal validity of electronic and digital signatures is provided by a regulation called electronic identification, authentication and trust services - or in short eIDAS - which applies directly to all Member States. The regulation established that electronic signatures can be used to sign legally binding documents, and when meeting certain requirements they have the exact same legal standing as their physical counterparts. As a result, people can now conduct business electronically - which means no need for in-person meetings. But the same binding effect. The eIDAS regulation acknowledged that some types of electronic signatures are safer than others. Therefore, three different types of eSignatures have been defined based on the level of security, and consequent legal value. Simple, advanced and qualified are the three types of electronic signatures and security levels described by eIDAS. If you have seen my last video about electronic and digital signatures, you might ask where digital signatures fit into this categorization. So, in simple terms, those common methods to sign online - like drawing or simply typing your name - fall into the definition of simple eSignatures, the least secured signature. On the other hand, advanced and qualified electronic signatures are built using signing software that employs PKI and digital certificates. Therefore, they are commonly known as digital signatures and they're much more secure than the simple electronic signature. A qualified electronic signature is an advanced eSignature that has reached a higher probative value by generally meeting two additional requirements. It has to be based on a qualified digital certificate and it has to be created using a qualified electronic signature creation device, which is a device managed by a Qualified Trust Service Provider. So, what does this all mean in practice? It's actually less complex than it sounds, at least from the perspective of a signer. All the technical work is done by the signing software provider, which needs to be a Qualified Trust Service Provider, like Penneo. Penneo's systems have undergone an audit process that is mandated by law to assess and confirm compliance with eIDAS requirements. At the end of this process, we've been granted the status of Qualified Trust Service Provider and therefore we can legally offer qualified electronic signatures to our customers and users. Since Penneo is a Qualified Trust Service Provider, you can find it in the Trust list browser. This is a website created by the European Commission with an overview of the Qualified Trust Service Providers. Plus you can see from the EU Trustmark visible on our website. Today, all types of private businesses and public organizations rely on digital signing processes on a daily basis. And when implemented in an organization, all departments can improve efficiency with digital signing processes. That is why they're so widely used across all industries and departments like audit and accounting firms, banks, financial institutions, insurance agencies, law firms and real estate agencies. Some common use cases are annual reports, annual reports, engagement letters, employment contracts and lease and rental agreements. Not to mention all the benefits they provide in terms of faster contract turnaround, hassle-free compliance with legal requirements, and a positive impact on the environment. Learn more about qualified electronic signatures and Penneo as a Qualified Trust Service Provider on our website, and reach out if you have any questions. See you soon.