The digital signature

What is an electronic signature?

Just like a handwritten signature, an electronic signature aims to identify the signatory and to provide proof that this signatory agrees to the document in question.

The European eIDAS Regulation of 2014, which regulates, among other things, electronic identification and thus forms the legal framework for electronic signatures, defines electronic signatures as follows:

“Data in electronic form attached to or logically linked to other data in electronic form and used by the signatory to sign”

The big difference with a classic signature is that with an electronic signature the signer does not sign the document with his written signature, but with electronic data.

3 types of electronic signatures and their legal value:

Today there are 3 different types of electronic signatures to sign digital transactions. Each type of digital signature has its own utility and (evidence) value. A distinction is made between ordinary, advanced and qualified electronic signatures.

The “ordinary” electronic signature

In contrast to the two other types of digital signature, this signature does not have to meet specific conditions. This also means that the evidential value and security of this type of signature is the weakest. Documents with an ordinary electronic signature are legally qualified as private deeds, are valid legal acts and therefore legally binding.

Although the ordinary electronic signature provides little or no certainty about the identity of the signer, it also does not guarantee that the signed document cannot be changed later. This also means that the person who has obtained an ordinary electronic signature as proof is least strong if the authenticity of the signature would be contested afterwards.

The “advanced” electronic signature

This signature must meet a number of conditions set out in Article 26 of the eIDAS Regulation in order to qualify as “advanced”. These cumulative conditions are:

• The digital signature is uniquely linked to the signer
• The digital signature makes it possible to identify the signer
• The digital signature is created with data for the creation of electronic signatures that the signatory, with a high level of trust, can use under his sole control (for example a pin code or password).
• The digital signature is attached to the data signed with it in such a way that any subsequent changes to the data can be traced.

In contrast to the regular electronic signature, this signature offers a much higher certainty about the identity of the signer and also ensures that if the document is changed after signing, this can be detected. This type of digital signature therefore entails a much higher probative value and security.

The “qualified” electronic signature

This signature is actually an advanced signature created by a qualified electronic signature creation tool and based on a qualified electronic signature certificate.

The qualified electronic signature has the highest probative value and offers the most security, making it the only type of electronic signature that has the same value as a handwritten signature.

Why we chose the Connective platform?

Wanted Law now also offers electronic signatures and has resolutely opted for Connective.

They provide us with the best digital signature methods, from simple to qualified, which are eIDAS, UETA & eSign Act compliant. This gives us an unparalleled digital user experience without compromising security.

Connective turned out to be the right partner. Since Wanted Law is a Belgian company that works with Belgian clients, Connective's ability to sign with the Belgian .eID, Itsme® was a big plus.