Legality and enforceability of electronic signatures in Israel*
What Is an Electronic Signature in Israel?
The Electronic Signature Law, 5761 - 2001, regulates electronic signatures in Israel. It defines three types of electronic signatures: simple, secure, and certified.
Types of Electronic Signatures and Their Requirements
A
simple electronic signature is any information in electronic form that is associated with an electronic message.
Default SignNow electronic signature qualifies as a simple electronic signature in Israel.
A secure electronic signature must comply with the following requirements:
- It needs to be unique to the signatory.
- It must identify the signatory.
- The signature process must be under the sole control of the signatory.
- It detects any changes made to the electronic document after it is signed.
Default SignNow signatures and signatures provided through SignNow eID Easy integration qualify as a secure electronic signature in Israel.
A certified electronic signature is a secure electronic signature based on the digital signature certificate issued by the Certification Authority, which proves the highest level of validity of such a signature and must be approved by the Ministry of Justice of Israel.
Is It Necessary to Consent to the Use of Electronic Signature?
Consent is not explicitly required. However, if the contract's validity is questioned, the court will consider whether parties have consented to the use of electronic signatures, particularly if their actions evidence such consent. Consent to the use of electronic signatures can be demonstrated through a person’s conduct.
Signature Validity in Court
Electronic signatures are generally accepted as valid in Israeli courts if the court is convinced that the document possesses a high level of credibility.
When Is the Use of Electronic Signature Prohibited?
Under the Israeli laws, a person cannot use electronic signature to sign documents related to the following transactions:
- Real estate agreements.
- Handwritten wills.
- Affidavits
- Certain conveyances and land registry requests.
- Powers of attorney.
- Certain agreements between banks and their customers.
* Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024