What makes an electronic signature hold up

In the United States, the ESIGN Act and UETA say a signature can’t be denied legal effect just because it is electronic. The EU’s eIDAS regulation says the same, and adds that it can’t be refused as evidence for that reason. Nigeria’s Evidence Act 2011 and many other countries’ laws accept electronic signatures too. Most of these laws set aside some documents, such as wills, some property and family-law documents, and court papers.

So when a signature is challenged, the question is rarely whether electronic signatures are allowed. It is whether you can show who signed, that they meant to, and that the document hasn’t changed since. Five things decide that.

1. Intent to sign

The signer has to mean to sign. A deliberate act, such as drawing or typing a signature and pressing a clearly labelled button, shows intent far better than a stamp applied for them. In Qasha, each signer places their own signature, typed, drawn or saved, and signs with a button of their own.

2. Consent to sign electronically

It helps to show that each signer agreed to use an electronic signature, and some laws require more for consumers: the ESIGN Act, for example, sets out what a consumer must be told and agree to when a law requires information to be given in writing. In Qasha, no one can sign without confirming that they have reviewed the document, are authorized to sign it and agree to use an electronic signature, and that statement is printed on the certificate of completion.

3. Who signed

A signature is only as good as the link between it and a person. A link sent by email shows that someone with access to that inbox signed; a one-time code sent at the moment of signing adds a check. In Qasha, each signer has their own link and confirms a one-time code sent to their email address; a code lasts ten minutes and allows five attempts. For agreements with more at stake, add a check of your own, such as a call to confirm.

4. The document hasn’t changed

A signature means little if the document can be edited afterwards. A sealed PDF carries a cryptographic seal over its whole content: open it in a PDF reader and any later change shows. In Qasha, every signed copy is sealed with a trusted RFC 3161 timestamp from an independent timestamp authority, which also fixes when it was sealed.

5. A record you can produce later

Disputes come years after signing, so keep the evidence with the document: the signed copy, the certificate of completion and the audit trail of who was sent it, when each person opened and signed it, and from which IP address and device. In Qasha, signers receive the certificate; the audit trail stays private to your team, ready if it is ever needed.

Simple, advanced and qualified

eIDAS describes three kinds of electronic signature. Most commercial agreements use simple or advanced electronic signatures. A qualified electronic signature, made with a qualified certificate on a qualified device, has the same effect as a handwritten one throughout the EU. Qasha’s signatures are electronic signatures with the evidence described above; they are not qualified signatures. Where a law or a counterparty requires one, use a provider that issues them.

More on how Qasha handles signing: E-signature and Security.