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Virtually Signed Documents Legal

The proliferation of technology has digitized almost every aspect of human life. Individuals all across the world are actively involved in various digital activities. As a result, even the normal physical signature that people make on documents has also been transformed into an electronic version. This development has made it easy for people to sign digital documents without appending physical signatures.

Electronic Signature

An electronic signature is often mistaken and interchanged with the term digital signature. However, these two terms are different from one another. An electronic signature is a direct electronic representation of a physical signature that is created by a pen. Just like a physical signature, an electronic signature is employed to identify a signatory to a document. Also, appending an electronic signature on a document functions as would a physical document. Using an electronic signature provides a user with different types of options. A user can easily make use of a stylus or their finger to quickly draw-up a signature on an electronic device. Additionally, a user has the option of typing in their initials or full name as a form of signature. This function is readily available on laptops, desktops, and other portable devices. Therefore, it is clear that an electronic signature is different from a digital signature. A digital signature provides an encryption protocol that secures a document and allows for its validation.

Legal Aspect of an Electronic Signature

Many individuals and organizations adopted the use of electronic signatures at the end of the last century. Over the years, many countries have made electronic signatures equal in terms of function with a physical signature. In 2000, America was amongst the nations to give an electronic signature this legal status. However, there are specific cases in which an electronic signature is not accepted. In these cases, only a physical signature suffices. These circumstances include the following.

  • Recall notice for a staff that has been temporarily suspended.
  • Documentation that describes and covers for the movement of dangerous and hazardous items.
  • Documents that define a trust fund or a will.
  • Documents that cover guardianship or adoption of a child.
  • Documents that cover marriage or divorce.
  • Documents that notify the intent of a service provider to withdraw their services.
  • Documents that cover rend and real-estate ownership.
  • Documents that terminate insurance policies.

However, some of these documents can easily be certified with the aid of a digital signature, which provides a layer of protection. Therefore, some of the documents stated above are currently being digitally signed because of the layer of security that is offered by a digital signature. In many other countries across the world, electronic signatures are also accepted just like physical signatures for use on documents. Canada, South Africa, Peru, Japan, all European countries, and many more countries legally accept electronic signatures.

Types of Electronic Signatures

In general, there are three types of electronic signatures, which are a simple electronic signature, advanced electronic signature, and qualified electronic signature. Each signature provides a different level of security to a document.

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