Electronic signatures
Electronic signatures allow people to sign documents electronically instead of printing, signing, scanning, and returning them. Undersign supports Simple Electronic Signatures (SES) and Advanced Electronic Signatures (AdES) for different levels of signing assurance.
Electronic signatures can have legal effect in many jurisdictions, but the requirements and exceptions depend on the country, the type of document, and the circumstances of the transaction. For important or regulated documents, you should confirm the applicable requirements with qualified legal counsel.
Legal framework
In the United States, the ESIGN Act establishes a federal framework for the legal recognition of electronic signatures and records. The Uniform Electronic Transactions Act (UETA), as adopted by individual states, similarly establishes legal equivalence between electronic and paper transactions. (Uniform Law Commission)
In the European Union, eIDAS establishes a framework for electronic signatures with different levels of assurance. Electronic signatures cannot generally be denied legal effect solely because they are electronic, while Qualified Electronic Signatures (QES) have the specific legal effect of being equivalent to handwritten signatures throughout the EU. (Digital Strategy EU)
Undersign currently supports Simple Electronic Signatures and Advanced Electronic Signatures. It does not provide Qualified Electronic Signatures.
What supports a signing record
Undersign records information that helps establish what happened during a signing request:
1. Signer information
The request records the signer's name and email address and associates their signing activity with that signer.
2. Intent to sign
The signer reviews the document and actively completes the signature or other assigned fields. The signing process requires the signer to take an explicit action rather than simply receiving the document.
3. Signing activity
Relevant actions are recorded with timestamps and included in the request's audit trail, providing a chronological record of the signing process.
See Audit trail.
4. Completed-document evidence
When a request is completed, Undersign can provide the signed document together with a completion certificate summarizing the signing event and an audit trail containing the underlying activity.
Simple vs. Advanced Electronic Signatures
| Type | What it means |
|---|---|
| Simple Electronic Signature (SES) | A straightforward electronic signature used to indicate a person's agreement or approval. |
| Advanced Electronic Signature (AdES) | A higher-assurance signature with additional controls designed to strengthen the link between the signature and the signer and help detect subsequent changes to the signed data. |
The appropriate signature type depends on the requirements of your transaction, industry, and jurisdiction.
What electronic signatures don't automatically cover
An electronic signature does not automatically make every type of document legally executable. Certain documents or transactions may have specific legal requirements, exclusions, witnessing requirements, notarisation requirements, or requirements for a particular type of electronic signature.
Similarly, Advanced Electronic Signature (AdES) should not be confused with Qualified Electronic Signature (QES) under eIDAS. QES has additional requirements and a specific legal effect under EU law; Undersign does not currently provide QES. (Digital Strategy EU)
Important: This page describes the general legal and technical concepts behind electronic signatures. It is not legal advice. If the document is subject to specific statutory, regulatory, or jurisdictional requirements, verify those requirements before choosing a signing method.