This article presents the concept of electronic signature, its forms, and the considerations related to its evidentiary value in transactions and proof.
Meaning of electronic signature
Electronic signature refers to data or procedures in electronic form associated with an electronic document or message and used to identify the signer and indicate approval of the information contained in it.
Definitions vary, but most of them focus on two elements: identifying the signer and expressing acceptance of the content.
Core functions
The first function is identification: the signature should distinguish the signer from others through a method linked to that person. The second function is consent: the signature should express acceptance of the content to which it is attached.
These functions are similar to those performed by a traditional handwritten signature, even though the medium is different.
Difference from traditional signature
A traditional signature is usually placed on a physical document and may appear as handwriting, fingerprint, or seal. An electronic signature is created and used through an electronic medium and may take different technical forms.
The difference in form does not necessarily prevent evidentiary effect if the electronic method can reliably perform the required functions.
Common forms
Common forms include digital signatures based on cryptographic techniques, biometric signatures such as fingerprints or voice recognition, electronic pen signatures, scanned signatures, and card-based authentication with a secret number.
The level of reliability differs from one form to another. Some methods provide stronger security and traceability, while others may be more vulnerable to misuse.
Evidentiary effect
An electronic signature may be treated as a strong indication when it reliably identifies the signer and shows approval of the content. Its evidentiary value depends on the technology used, security measures, and surrounding circumstances.
Concerns may arise from hacking, misuse of cards or passwords, or manipulation of electronic systems. These concerns do not eliminate the usefulness of electronic signatures but require safeguards.
Conditions for reliability
Important conditions include linking the signature to the signer, keeping the creation means under the signer’s control, ensuring that the signature was valid at the time of use, and protecting the signed data from alteration.
When these conditions are met, electronic signatures can support the stability of transactions and help complete financial and contractual dealings efficiently.