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What is an electronic signature?

An electronic signature means data in electronic form which is attached to or logically associated with other data in electronic form and which is used by the signatory to sign. There are three different electronic signatures according to Regulation (EU) 910/2014, whose difference lies in the burden of proof, but an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an electronic form.

In addition to the legality that an electronic signature can have on its own, contractual freedom must be taken into account, that is, the will of the parties to sign or formalize a contract in a certain way.

Is the electronic signature secure?

Electronic signatures are considered legally binding when signing documents, although the security of them depends largely on the service provider. Hence why we at Bigle Legal offer you:

Electronic evidences

During the signing process, evidences are generated and collected in a certifying document. The identity of the signature is guaranteed with a qualified time stamp, which prevents modifications to the signed document.

Security

We use AES 256, SHA256, and secure connection using HTTPS. In this way, together with our information security management system, we prevent unauthorized access to our clients’ data and documents.

Data protection

We protect the data of customers and their recipients. Our clients accept our Privacy Policy, and we have a data processing agreement. We comply with Regulation (EU) 2016/679 (GDPR) and any other applicable legislation.

Are electronic signatures legal?

All types of electronic signatures offered by Bigle Legal are fully legal.

One-click electronic signature

This type of electronic signature collects the recipient’s data but does not allow the signer to be identified directly. Because of its ease and speed, it is very common in cases with low legal risk.

Advanced electronic signature

The advanced electronic signature, is a type of signature that is linked with the signer, allows to identify the signer, has been created using means of creating the signature that the signer can use exclusively and with a high level of trust, and is linked with the contents signed so that any later change is detected.

Where is it regulated?

United States of America

In the United States there are two laws that regulate electronic signatures and establish that electronic signatures are as legally valid as handwritten signatures on paper.

U.S Electronic Signature in Global and National Commerce Act of 2000 (ESIGN)

Uniform Electronic Transactions Act (UETA)

OTHER COUNTRIES

The guides of the OECD, UNCITRAL and the International Chamber of Commerce (ICC) establish a basic legal framework for electronic signature.

Several countries have regulated electronic signatures, such as:

Australia, Canada, Chile, China, Colombia, Hong Kong, India, Japan, Mexico, New Zealand, Peru, Philippines, Russia, Singapore, South Africa, South Korea, Switzerland, United Arab Emirates, United States of America, all Member States of the European Union, among others.

Who uses electronic signatures?

Electronic signatures are used for all types of documents and procedures, but they won’t replace the need to formalize a document in a public deed, when the law requires.

Insurance sector

Sales teams close deals faster by speeding up the signing process, and avoiding unsigned policies.

Human resources

Electronic signatures are used to simplify procurement procedures, and sign any internal documentation.

Real estate

Sign lease, purchase and sale contracts, among others.

Legal sector

Law firms use it to accelerate the signing of all types of contracts for its clients.

Health sector

Patient data records and informed consents are expedited.

Find out how Bigle Legal can help your company

Book a free demo with one of our specialists to see if Bigle Legal is a good fit for your business