Sign documents electronically.

One click Amodit e-signatures.

 

From any device,
wherever you are.

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Innovative contract signing module will solve

the problem of efficient contract management

in a secure, legally binding way.

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See how easy it is!

1

PREPARE A CONTRACT

Work collaboratively to prepare the contents of your documents for an AMODIT e-signature. By using Microsoft Office Online Server you can share documents to be viewed and edited by someone outside your organization.

2

DISTRIBUTE FOR SIGNATURES

Designate the list of signers for the final document. Each signer will receive a notification email, a link to the document, and a one-time authorization code.

3

SIGN SECURELY

Your e-signature is sent with one click, and the blockchain technology we use guarantees that the signature only applies to the specific version of the document you received in your notification email. 

E-signatures mean savings and security

Filling in and signing documents can be shortened to a few minutes. You prepare a dosument, distribute it to the signers, and obtain signatures. There is no need for printing or sending documents back and forth by courier. In addition to saving time, money, and forests, you can be sure that the signature was made by the right person on the right date.

Lower costs

The costs of printing and sending documents disappears.

Completeness

Everything stays in one system: from document preparation, approval, signing to archiving.

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Save time

The signing process can be
reduced to a few minutes.

Eco-friendly

One company printed 0.5 million
fewer pages per year. (This saved at least
20 mature trees.)

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Legal certainty

You can be confident that the signature was given by right person on the right date.

Flexibility

You sign the document online anytime, anywhere, and on the device of your choice.

Who are Amodit e-signatures for?

  • Insurers
  • Developers
  • Bankers
  • Analysts
  • Financial Controllers
  • Auditors
  • Sales departments
  • Business owners
  • Job brokers
  • IT Directors
  • IT Managers
  • Project Managers
  • Lawyers

  • Legal Advisors

  • Directors of Legal Affairs

  • Legal Department Coordinators

  • Legal Affairs Specialists

  • Organizational Legal Affairs Specialists

  • Legislation Department Managers

  • Directors of Administration

  • Heads of Administration Departments

  • Office Managers

  • Administrative and Office Assistants

  • Financial Directors

  • Directors of Financial Control

  • Accounting Specialists

  • Tax Specialists

  • Control and Analysis Specialists

  • Accounting Specialists

  • Accounting Coordinators

  • HR Directors

  • HR Managers

  • HR Payroll Specialists

    and many other professions

What documents can be electronically signed with Amodit?

  • Confidentiality Agreements and NDAs
  • Contracts with clients/suppliers
  • Balance sheets
  • Property Insurance Contracts
  • Personal Insurance Contracts
  • Work regulations
  • Letters of Reference
  • Protocols of Delivery and Acceptance
  • Protocols to entrust company property to an employee
  • Training Policies
  • Powers of Attorney
  • Temporary employment contracts
  • Agreements directing employees to work abroad
  • Managerial contracts
  • Contracts to commission
  • Contracts for a specific task
  • Employment contracts
  • Employment contracts for a trial period
  • Employment contracts for a substitute
  • Civil law contract
  • Range of Responsibilities Agreements
  • Remuneration and bonus rules
  • Purchase / sale / rental contracts

  • Information on changes in fees

  • Contracts for construction works

  • Transfer of real estate

  • Tender offers

  • Cost estimates

  • Investment Agreements

  • Balance sheets

  • Letters of Intent

  • GDPR Authorizations

  • PIT declarations

    and many other documents

Amodit e-signature pricing

AMODIT has e-signature options which meet the full range of the EU eIDAS standard.

Pursuant to the provisions of the eIDAS Regulation, an electronic signature cannot be denied legal effect or admissibility as evidence in court proceedings solely because the signature is electronic or does not meet the requirements of a qualified electronic signatures. A qualified electronic signature has a special legal status because it is equivalent to a handwritten signature. A qualified electronic signature based on a qualified certificate issued in one Member State is recognized as a qualified electronic signature in all other Member States.

What types of e-signatures does AMODIT TrustCenter support?

The EU eIDAS regulations divide e-signatures into three main categories.

Simple Electronic Signatures (SES) 

This electronic signature type is electronic data that has been attached to, or is logically linked to, other electronic data for use as a signature by the signer. Amodit has two methods of generating these:

  • Basic Signature – this consists of clicking a confirmation button. The unique document access ID which was granted to a specific individual is in turn used to recognize that person.
  • Handwritten Signature – this consists of attaching a graphical image of a signature which is generated by using a stylus or a finger on a tablet or smartphone. This is mainly intended for mobile users.

Advanced Electronic Signatures (AES)

This electronic signature type is uniquely assigned to a signer and allows the signer to be identified. It is submitted by using electronic signature creation data which meets two criteria:
1) we have a high degree of certainty that the signer has sole use of the signing process/equipment
2) any subsequent change to the data is recognizable

Amodit has two methods of generating these signatures:

  • SMS signature – this consists of a Basic Signature as outlined above and an additional confirmation consisting of a one-time SMS code sent to the signer’s phone which must be entered into Amodit.
  • Handwritten Signature + SMS signature – this consists of a Handwritten Signature as outlined above and an additional confirmation consisting of a one-time SMS code sent to the signer’s phone which must be entered into Amodit.

    Qualified Electronic Signatures (QES)

    A QES is the combination of:

    1. an advanced electronic signature created by using a qualified signature creation device (QSCD)
    2. a qualified electronic signature certificate

    Amodit enables the use of any QES to sign a document. The user downloads the document from Amodit and signs it with their qualified signature set. The user then uploads the signature file received in this manner (with the XAdES extension) as his signature into Amodit.

        Become a Digital Leader

        We deployed the electronic contract signature functionality of the Amodit platform for our company in January 2020. Our employees immediately adopted the solution and the transition was very smooth. If not for the system and electronic signatures, the situation would certainly be more stressful. Now I know that nobody has to wait for anything because contracts can be signed at any time. This suits everyone in the company very well.

        Administrative and Legal Affairs Manager, Artgeist

        Electronic signing of contracts

        Signing a contract by at least two companies and several people usually requires to print it by one of the companies, sign the paper version by one company, transfer this version for signature to the other business (most often by courier or by post), then signed by the other business and returning the signed version.

        What if one of the company notices some mistake and will ask to send the corrected version of the contract for signature? Then all the above steps should be repeated. Can you shorten the process to a few minutes? Yes, you can by using the AMODIT platform and the “AMODIT TrustCenter”.

        The benefits of implementing an electronic signing of contracts in an enterprise are many. The most important from the business point of view is of course: lowering costs (printing and sending documents costs to disappear) and saving time, because the process of signing shall be reduced to a few minutes. In addition, the electronic signature increases the certainty that it is submitted by a competent person and the appropriate date. It also prevents frequent occurrences (in case of a classic signature) editing date or other difficult situations to verify.

        Lowering costs

        Shorten the process to several minutes

        Process monitoring

        ~

        Security

        Preparation of the contract content:

        In the AMODIT system, this action supports the functionality of simultaneous work on a document based on the Microsoft Office Online Server. In addition, it is possible to give temporary access to a specific document to view and edit it using MS Word Online by a person outside the organization. Obtaining internal approvals – standard functions are used to transfer and acceptance cases by the logic of the process.

        Submission of the document for signature:

        With a ready-made contract file (after editorial changes, agreements, and approvals), the document is prepared for signing by the companies. For this purpose, the data of persons who will sign the contract are entered. It may be a separate process related to signing the contract or it may be a separate stage as part of the process of accepting the contract. When the data has been entered, you can transfer the document for signature to the AMODIT TrustCenter. The appropriate function is used for this in AMODIT.

        Signing the document:

        AMODIT submits the document along with information about the persons required to sign the document to AMODIT TrustCenter. During this time, each of the indicated persons receives an e-mail with information that the document is awaiting its signature. After reading the content of the message, the person obliged to sign the document clicks on the link available in the email and is redirected to the appropriate document. In order to gain access (login), the system sends a one-time authorization code via SMS, which should be entered on the login page.

        The document may be freely viewed or enlarged in order to accurately read the contents of the document, it also has created a checksum and the submitted signature applies exactly the version of the document. What’s more, to increase credibility, the checksum of the previous document is also taken to sign the next document. This means that it is not possible to replace any document because it would break the chain of connections based on checksums of all previously signed documents.

        In order to sign, the user clicks on the “Sign” button and receives one-time verification code via SMS. By entering this code, he confirms the signature by himself. The authorization elements are an email and a phone number assigned to a specific person. The system informs AMODIT about the signature of a particular user, thanks to which from the level of the case in AMODIT you can see which people have already signed their document. In some cases, the signer may want to add another person to the list of people signing, for example, his legal advisor. The person added in this way will also receive an e-mail with a link and an SMS with a one-time code.

        Electronic signatures module with several types of signatures:

        • blockchain-based
        • qualified based on PKI (Public Key Infrastructure) and Certified Authorities
        • signatures based on electronic IDs
        • traditional on paper
        • biometric

        A biometric signature is the safest way to sign documents with your own digital signature. Intended for use in all sectors where a manual signature is required. It is intended for use alike in offices and to mobilize partners and agents.

        To ensure the authenticity of a PDF document, the system will create an image based on the found data (by SHA-256) which then will encrypt (by RSA-4096) and insert in a PDF document (in archival PDF-A format). The integrity of the document is ensured by a one-time digital signature or certificate. The solution complies with ISO 19794 and ISO 32000.

        Graphic source: infinite.pl

        Frequently Asked Questions

        What is an electronic document?

        This issue is regulated by the EU regulation called eIDAS and the Polish Civil Code. According  to art. 77 [3] of the Polish Civil Code “A document is an information carrier that allows the reading of  its content”. In practice, any graphic, text, audio or video file.

        What is an electronic signature?

        First, you should consider what the purpose of signing, especially signing a contract, is. In this  case, the key is expressing the will and consent of the signer as to the content of the document and  to perform a legal action. According to Polish Civil Code Art. 77 [2] “In order to meet the  documentary requirements of a legal transaction, it is sufficient to submit a declaration of will in the  form of a document in a manner enabling the identification of the person submitting the  declaration.”

        The eIDAS regulation introduces 3 types of electronic signatures:

        • simple electronic signature (SES) – denotes data in electronic form that has been attached or is logically related to other data in electronic form and which has been used by the signatory as a signature. Examples of such signatures are clicking the “Buy” button in online stores, or  accepting GDPR statements by clicking a checkbox.
        • advanced electronic signature (AES) – denotes a simple electronic signature that is also uniquely assigned to the signatory, enables the identification of the signatory, is placed using data for creating an electronic signature, which the signer can, with a high degree of  certainty, use under their sole control, and is associated with the data signed in such a way  that any subsequent change of data is recognizable. On the AMODIT platform, examples of  such signatures are signatures using email codes, SMS codes, and biometric or handwritten  signatures.
        • qualified electronic signature (QES) – denotes an advanced electronic signature which is created along with a qualified electronic signature creation device and which is based on a qualified electronic signature certificate.
        Do Amodit Trust Center e-signatures meet the requirements of EU eIDAS regulations?

        The short answer is: yes.

        EU law frames three types of Electronic Signatures (ES): Simple (SES), Advanced  (AES), and Qualified (QES). These are progressively more secure and build upon the  requirements of the previous type from SES, to AES, and finally QES.

        Simple Electronic Signatures (SES) have been the de facto standard since before the  EU framework was formally adopted. Most consumers who have ‘clicked to confirm’ on  some device have actually been using a SES. Most online shops operate with this level of  signature. E-mailed conversations can fit this descriptions, something like a ‘verbal  agreement’. Scans of documents that were printed, signed, scanned, and sent to the next  person tp be printed, signed, scanned, and sent are in effect simple electronic signatures.

        Advanced Electronic Signatures (AES) have a greater degree of security than SES,  and are much easier to use than QES. Amodit Trust Center e-signatures offer a robust AES  solution supported by blockchain technology, one/two factor authentication, time stamps,  and time limits for the signing process. At the same time the minimum hardware  requirements can be met by a smartphone (browser, email, SMS).

        Qualified Electronic Signatures (QES) are the most secure and have the same legal  status as a handwritten signature. Currently however, this type of signature has not achieved  broad adoption in the marketplace due to technical requirements and ease of use issues.  However, in governmental organizations, some financial statements, and public  procurement QES are becoming the standard.

        Why are form, time, and identity important concepts with electronic signature?

        An electronic signature is a digital record that proves that a document was in a precise form,  at a precise time, and that a specific group of people accepted it.

        An electronic signature is a term for a collection of technologies that work together to  guarantee that the 3 main elements are correct: form, time, identity.

        Form is guaranteed by a technology called a ‘hash function’, which is a very sensitive and  reliable mathematical method of detecting even the slightest change in a document.

        Time is established by the central server managing the e-signature process, and recorded in a  blockchain.

        Identity is established in accordance with EU eIDAS regulations, which detail a variety of  methods depending on the level of security required.

        Under what conditions are electronically signed documents reliable?

        Pursuant to the provisions of the eIDAS Regulation, an electronic signature cannot be denied  legal effect or admissibility as evidence in court proceedings solely on the grounds that the signature  is in electronic form or that it does not meet the requirements for qualified electronic signatures.

        The key to the evidentiary process is to show that the content of the document has not been  changed since signing, and that the right people have signed. Blocking modifications in the document  is achieved by adding an electronic signature or seal to the document, or by saving the document in a  blockchain. (All these mechanisms are offered by AMODIT Trust Center.) AMODIT Trust Center acts as  a “trusted third party” which ensures that the signature data, eg an SMS code, is only made available  to the right person. Thereafter, it can be proved that the signature was made by the person who had the that telephone number and that e-mail address at that time. Other methods of determining the  identity of a person may also be used, such as qualified digital certificate, biometric data, or bank  authorization.

        What contracts cannot be signed electronically?

        According to EU eIDAS regulation, a signature cannot be questioned just because it is  electronic. Only some types of contracts cannot be signed electronically according to the EU eIDAS  regulations. The most common agreements which require a different form of signature are real estate  transactions. Real estate transactions must be notarized. If you have questions about a specific  contract type, it is recommended that you consult a lawyer.

        What contracts can be signed electronically?

        Most contracts that businesses regularly use can be signed with an advanced electronic  signature (AES). Some types of agreements, e.g. a copyright transfer, need to be signed with a  qualified electronic signature (QES). If you have questions about a specific contract type, it is  recommended that you consult a lawyer.

        What kinds of documents can be signed with an e-signature?

        Almost everything can be signed with an e-signature. The most secure, a qualified  electronic signature (QES), has the same legal standing as a handwritten signature. So, for  contracts, transactions, or even interaction with government entities, an e-signature can be  used.

        However, some legal situations, such as notarized real estate transactions, do not  currently accept even qualified electronic signatures.

        How do you present Amodit Trust Center e-signatures as evidence in court proceedings?

        When providing “documentary evidence” in court, you can use a document created by  AMODIT. The content of the document can be easily printed. If necessary, the document can be  electronically transferred and its authenticity can be confirmed by an expert. Generally, in judicial  practice, cases where the validity of a document or signature is challenged are very rare. Paper  documents are easier to forge than electronic documents; especially such actions as ‘backdating’.

        From legal perspective, what are the important points to consider when presenting an electronic document or an electronic signature in court?

        In court, the ‘ease of use’ is exactly the reverse of the ‘ease of use’ when signing.

        This means that a Qualified Electronic Signatures (QES) are the easiest to use in  court because they are most tightly linked to the identity of a particular individual or  organization. Also, because these are now required for public procurement there is broad  knowledge and acceptance of this type of signature.

        Advanced Electronic Signatures (AES) remain in the middle, a good balance of ‘ease  of use’ for both signing and for use in court.

        Simple Electronic Signatures (SES) require the most work in court to prove the  identity of the signer(s). E-mail agreements and scans of documents (where no physical  example exists with all parties signing in original ink together) are in effect Simple Electronic  Signatures (SES).

        Due to the widespread of e-mail and scans, many companies are currently  operating with simple e-signatures (SES) which offer the lowest level of security.

        Are judges and others involved in the legal system receiving training about e-signatures and the eIDAS regulations?

        Judges and others are receiving some training about eIDAS and related issues. This  training doesn’t seem to be as comprehensive as when GDPR regulations were introduced,  but institutional knowledge is increasing.

        How can I convince my contractors that an electronically signed contract is valid, is there any legal basis or regulation?

        The legal basis are the EU eIDAS regulations and the Polish Civil Code. If necessary, we can provide a  legal opinion prepared by a law firm.

        If you need to go to court, how do you provide evidence to the court that a specific document was signed?

        When going to court to dispute a contract two things are required are required, the  document, and the signature. In the case of e-signatures, the evidence, and who needs to  provide it, depends on the type of e-signature.

        The eIDAS regulations envision three types of e-signature, Simple, Advanced, and  Qualified.

        Qualified e-signatures are specifically given equivalence with handwritten signatures  in the eIDAS regulations, therefore the burden of proof lies with the party challenging the  authenticity of the signature.

        REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 (Section 4, Article 25, Point 2) 

         “A qualified electronic signature shall have the equivalent legal effect of a handwritten signature.”

        Simple and Advanced electronic signatures are also assumed to be valid unless a  specific challenge is made. Even if challenged they cannot be summarily disregarded.

        REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 July 2014 (Section 4, Article 25, Point 1) 

        “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 or that it does not meet the requirements for qualified electronic signatures.”

        The main difference is that the burden of proof for Simple and Advanced e signatures lies with the party asserting their authenticity.

        In the case of a simple electronic signature (SES) with, for example, an e-mail or a  PDF scan, you have to show that a specific person agreed to it. (e.g. that some person had  access to a certain e-mail account and is the person most likely to have sent/received the  document)

        With an advanced electronic signature (AES) it is easier to prove the identity of the  signer than a SES because additional method(s) of verification are used such as an SMS  code, an e-mail code, or both.

        How does Amodit Trust Center support users in proving that a specific document was signed by a specific group of people at a specific time for Simple and Advanced e-signatures?

        Our approach has four elements: certificates, blockchain, verification, and expert  assistance.

        Certificates:

         When Amodit Trust Center coordinates an e-signature process it collects  various pieces of information that were used in the process such as: e-mail addresses,  telephone numbers, times of actions, IP addresses, browser versions, hardware information,  blockchain information, and document checksum.

        Importantly, the ‘checksum’ generated for the document being signed with  Amodit Trust Center is a unique number. Even the smallest change in a document will result  in a very different number. In this way you can be sure that the signature applies to a  specific version of a document.

        Blockchain:

        Blockchain is a method of linking records (each is called a ‘block’) together  one after another (to form a ‘chain’). Blockchains are linked together with ‘checksums’  generated on the previous block, so it is very easy to check if the chain has been broken or  modified.

        Verification:

        Amodit Trust Center has a web-based verification tool which allows you to  check if the signature information generated is correct.

        Expert assistance:

        Some of the technologies and concepts used in Amodit Trust Center might  be unfamiliar to judges, lawyers, and plaintiffs. We are prepared to provide materials  explaining these topics. Also, we can be called upon as a neutral third party to testify  whether the signature process conclude successfully or not.

        How do you verify that a particular person has signed a contract?

        The contact information for all signatories is entered along with the documents when  an e-signature process is initiated. Amodit uses codes sent by e-mail and SMS, along with  various other possible methods, to verify a person’s identity.

        Some people view qualified e-signatures to be more secure than most ‘traditional’  paper signature processes because you can have more methods and devices involved in  the authentication process. Legally speaking though Qualified e-signatures and Handwritten  signatures are equivalent. For example, you could need to control someone’s telephone  messages, and e-mail to counterfeit someone’s signature which was verified by both SMS,  and e-mail. Even then, if someone used a different device to record the signature you might  be able to link the counterfeit to another individual.

        Qualified e-signatures are even more difficult to counterfeit because they use special  hardware to provide another layer of verification from state authorized entities.

        Fundamentally, is the question of forging an e-signature a question of identity theft?

        Yes, someone would have to have control of many devices, and possibly a lot of a  person’s personal information. A simple denial that they performed the signature is not  enough to discredit the e-signature. People claiming that they were ‘hacked’ or that  someone else controlled these devices, would also have to provide some sort of proof.

        In cases of identity theft, a forgery can be carried out with paper documents as well.  Many banks and institutions already have procedures in place for detecting identity theft  and dealing with the repercussions of identity theft.

        How often do people challenge the validity of ‘traditional’ signatures in court?

        Generally speaking, not very often, and a lot of those cases where a signature is  challenged deal with identity theft.

        How should I present a contract (printout, pdf, or other methods) as evidence in a case in court to prove that the other party has signed it?

        The electronic form should be submitted to the court. For the convenience of the court a printout can  also be provided.

        Have you already had court cases involving e-signatures, and has the court questioned such a signature on a contract?

        The law firm which we cooperate with has repeatedly used electronic documents as evidence in  cases. The courts recognize such documents as evidence.

        Documentary, electronic, written forms - what should you remember when signing documents electronically?

        It is worth reading a few articles of the Polish Civil Code as translated* below:

        (*This translation is provided for informational purposes only and carries no legal weight. The original  Polish text(s) should be read to obtain a full understanding.)

        Art. 77 [2]. Documentary form of a legal transaction

        To maintain the documentary form of a legal transaction, it is sufficient to submit a declaration of will  in the form of a document in a manner enabling the identification of the person submitting the  declaration.

        Art. 77 [3]. Document definition

        A document is an information medium that makes it possible to read its content.

        Art. 78. Written form of a legal transaction

        • 1. In order to maintain the written form of a legal transaction, it is sufficient to sign the document containing the content of the declaration of will by hand. To conclude a contract, it is sufficient to exchange documents containing the content of declarations of will, each of which is signed by one of  the parties, or documents, each of which includes the content of the declaration of will of one of the  parties and is signed by it.

        Art. 78 [1]. Electronic form of legal transaction

        • 1. To maintain the electronic form of a legal transaction, it is sufficient to submit a declaration of will in electronic form and affix it with a qualified electronic signature.
        • 2. A declaration of will submitted in electronic form is equivalent to a declaration of will submitted in writing.

        The last point is crucial. It shows that contracts in electronic form have the same probative value as  contracts concluded in paper form. Of course, it should be remembered that some legal acts require  a specific form. For example, real estate transactions require a notarized document. Most contracts,  however, can be concluded electronically.

        Under Polish law do the courts and government offices accept e signatures?

        Officially, yes, they must accept them because the governing law, eIDAS, has been  accepted by all EU member states. The Polish government has even built its own system,  ePUAP, for use for between people and government offices. Polish law explicitly stipulates  that something signed through ePUAP cannot be disregarded simply because it is  electronic.

        What is the definition of a durable medium, and do electronically signed documents meet this definition?

        The concept of durable medium appears in several legal acts, including:

        • the act on the protection of the rights of the purchaser of a flat or a single-family house (the so-called “developer act”),
        • about consumer credit,
        • the Payment Services Act,
        • Regulation of the Minister of Finance on the procedure and conditions of conduct of investment companies and banks,
        • the Consumer Rights Act
        • and several legal acts of the European Union concerning financial and payment services.

        The key features of a durable medium are:

        • durability – which means that the document cannot be deleted for a specified period of time
        • accessibility – which means that the document will be available to all of the parties even after the end of the relationship between the parties
        • integrity – which means that the document cannot be modified

        An example of using a durable medium is publishing the regulations for the provision of  services or a price list. It is important that none of the contracting parties covered by such a  document can delete or modify it.

        AMODIT Trust Center meets these criteria because the document is saved in the  blockchain and is immutable. In addition, each party has an appropriate link and password to  access such a document.

        Can Amodit Trust Center act as a ‘durable medium’ and confirmation?

        Yes. For example, some financial institutions need to send out notifications that some of  their regulations have changed and confirm that it has been delivered. A simple e-signature  requires the user to click and is then recorded in the blockchain. This provides three things:  message delivery, confirmation, and a permanent record of the action.

        What is a ‘durable medium’ for electronic storage from a legal point of view?

        In their simplest form a ‘durable medium’ for electronic storage is a physical object such  as a flash drive, hard drive, optical drive, or other similar physical objects which serve to enable  access to information. EU law now also includes specific reference to e-mails as a durable  medium.

        Directive 2011/83/EU recital 23 of the preamble states: 

        Durable media should enable the consumer to store the information for as long as it is necessary  for him to protect his interests stemming from his relationship with the trader. Such media should  include in particular paper, USB sticks, CD-ROMs, DVDs, memory cards or the hard disks of  computers as well as e-mails.

        Directive 2011/83/EU Article 2(10) states:

        ‘durable medium’ means any instrument which enables the consumer or the trader to store  information addressed personally to him in a way accessible for future reference for a period of  time adequate for the purposes of the information and which allows the unchanged reproduction  of the information stored.

        Is Amodit Trust Center a neutral third party?

        Yes, Amodit Trust Center is a neutral third party.

        Blockchain technology was integrated into our solution to ensure that the  modification or deletion of contracts is impossible. We can only report the facts that the  system recorded. One party initiates the e-signature process, but the system is under our control and does not give one side or the other any special advantage during the signing  process.

        Can a person enter the data of the signatories even though he or she will not personally sign the documents? (e.g. a person from a law firm, or a secretary)

        Yes.

        Can a person legally sign a document instead of the person specified in the signature process?

        Yes, if that person been granted a ‘power of attorney’ or other similar authority. In  large organizations there are proxy structures that might be defined by a geographical area,  or by a type of contract. It is typical to include some language in the contract that ‘Person X’  is signing on the behalf of ‘Person Y’, or that ‘Person Y’ is the representative of ‘Company  Z’.

        This is an area where upgrading and using the full features of the Amodit electronic  document workflow system can help. With the full version of Amodit proxy pools and  acceptance matrixes can be defined so that there are no bottlenecks in your workflow.

        Can you force contractors, employees, or other business partners to sign using an electronic signature?

        In some cases, yes. Two main examples of this requirement are financial statements  and public procurement.

        Many management boards of companies have electronic signatures, even qualified  signatures (QES), which are required in order to sign financial statements.

        Public procurement is an area where potential suppliers and contractors are required  by law to sign contracts electronically. In this context there is broad use of advanced (AES)  and qualified (QES) e-signatures.

        Can a contractor, employee, or other business partner force you to use to sign a paper contract?

        Generally, no. E-signatures are part EU law under the eIDAS regulations and no  special preference is given to paper documents (Apart from real estate transactions and  some other special cases.).

        How are signed documents stored?

        AMODIT Trust Center stores data about documents and signatures in a blockchain. Blockchain technology provides two main benefits:

        • First of all, due to the nature of blockchains, it is simple to prove that a modified document cannot fit at a particular point in the chain. (Only one specific document fits each place.)
        • Secondly, even if a document has been removed from AMODIT Trust Center (i.e. its retention period has expired), it is still simple to prove/disprove that a document fits a specific block.
        Where are documents stored?

        Documents are stored in 3 locations: Trust Center, Amodit, and in the possession of all signature process participants.

        Trust Center stores the content of signed documents for a predetermined period of time (typically 5 years). This makes it possible to give documentary evidence if necessary. Storage in Trust Center also meets the criteria of a “durable medium”, as it allows the parties to read the content of the document even aaer their business relationship has ended.

        Signed documents are also sent by e-mail to all the signature process participants. Signed documents are also saved and and stored in AMODIT indefinitely.

        Are they safe?

        Each document is encrypted with a different password; these passwords are distributed to the signature process partcipants but not recorded on the server. Therefore, even in the event of a complete data breach, or even a malicious system admin, the documents remain unreadable.

        How is XAdES different from PAdES?

        The XAdES standard is based on XML files and allows you to sign any type of file. As a result of signing, we can get a separate file containing the signature (separate from the signed file) or we can create one file containing both with the signature embedded inside the source file. The advantage of this standard is the ability to sign any file. However, the disadvantage is the lack of a graphical representation of the signature. Such a signature is not displayed in any way on the signed document.

        The PAdES standard is based on PDF files. Therefore, you cannot sign every type of file, only graphical files and can be converted to PDF, such as Office files, scans, etc. The advantage of this standard is the signature on the document. Thanks to this, we can easily print the signed document and we can also indicate the place where the signature will be applied to the signed document.

        These standards are not compatible with each other. Public institutions use the XAdES standard, as an XML file is a very frequently sent document type. PAdES is the dominant standard between business entities.

        AMODIT uses the PAdES standard because of its ability to present the signed documents graphically.

        PDF and Word documents can be signed, but what other formats are supported?

        Theoretically any file format can be signed, but in practice most users want PDFs. PDFs are a widely supported through the PAdES standard. The XAdES standard supports other file types by wrapping them in XML.

        In practice XAdES is used more with official documents, and PDFs are preferred by business users.

        What is blockchain and how does it benefit me?

        Blockchain is a technology that is based on cryptography. It creates a ‘chain’ of ‘blocks’, where specific information and a ‘checksum’ of the previous block are stored in each new block. The checksum is a string of characters that changes if there is any change in the content of the block. As a result, the content of a block cannot be changed, because its checksum is stored in the next block. Additionally, information about blocks is distributed and the checksums of blocks are made available to persons signing subsequent documents.

        To sum up, saving the checksum of a document can reveal whether or not any change has been made to a document. An additional feature of blocks is their sequencing, this makes it impossible to forge the date of signing a document.

        Amodit uses blockchain in its e-signature process. What is blockchain, and what role does it play in Amodit’s e-signature process?

        Blockchain is a technology which was developed for bitcoin, but is now being  applied in many other areas. Essentially, a blockchain is a series of records that are linked  together with special numbers called ‘checksums’. These checksums are generated by a  mathematical process called a ‘hash function’ which is used on the last block in the chain.  That checksum of the last block is added to the new block to show that it can only go after  the old block.

        When you create each block you can store whatever type of electronic document  you want. The ‘hash function’ then creates a unique ‘checksum’ number based on that  document and the other information in the block.

        Later, you can check if a certain document goes in a certain block because you can’t  change a document without changing its ‘checksum’. In this way we are sure of both the  information and what point in the chain it goes.

        Are there any limits on the size or number of documents stored in Amodit Trust Center?

        Generally, there are no technical limits. However, because this is a service, there are  cost issues and different pricing structures to negotiate and choose from.

        Some businesses sign thousands or even millions of short term contracts so it would  be better to negotiate storage which expires, for example, one year after a contract’s  termination date.

        Other businesses, for example a major construction firm, might sign only a few major  contracts a year, but with thousands of pages annexes and design documents. These  documents might be relevant for many years, so permanent storage could be negotiated.

        What must the signing parties have to be able to sign contracts electronically?

        The signatories must be able to receive e-mail and, optionally, receive an SMS if we want to  use this method of authentication. To use qualified signatures, you must have a dedicated  cryptographic device and a qualified certificate.

        What are the technical requirements to make an e-signature?

        Different documents require different levels of security. The technical requirements  are directly related to the security of the e-signature, Simple, Advanced, and Qualified. Our  goal as a company is to meet those requirements in as ‘user friendly’ a way as possible.

        The minimum requirement is: browser access. A simple e-signature requires being  able to read the agreement and a simple click on a appropriately labeled button such as: “If  you agree to these terms please click the ‘Agree’ button below.”.

        Of course, more significant transactions require more authentication. This could  potentially take many forms: codes sent by SMS/E-MAIL/(OR BOTH), handwritten  signatures on a device, biometric data, or a qualified certificates/devices.

        The tech industry is moving very fast to improve the ease of use for qualified  signatures.

        Can I integrate electronic signatures with our system in which contracts are generated?

        Yes, there is an API to support that.

        Also, you can upgrade to the full version of Amodit and generate contracts using Amodit’s full  functionality.

        Can Amodit Trust Center integrate with other systems?

        Yes, it can integrate with a wide variety of systems because Trust Center is one part  of the Amodit electronic document workflow system.

        Amodit has been integrated with HR, ERP, CRM, and other systems for a huge range  of types of processes. 

        E-signatures are one point on a circle of the life cycle of a contract. You move from  customer contact, to preparing an offer, to preparing a contract, to using Amodit Trust  Center e-signatures to sign the contract….but it doesn’t stop there. After you have signed a  contract the terms of that contract are part of your system, so you can proceed to managing  that contract, analyzing its performance, and then receiving a notification that it is time to  renew….and then the cycle begins again.

        Amodit is an electronic document workflow system which can support any kind of  process: sales, HR, invoicing, archiving, or anything you can think of.

        Are there any limits on the file size of documents to be signed?

        The standard limit is 100MB. (This limit can be changed.)

        Are there any limits on total amount of documents stored?

        No.

        Are there any limits on the size or number of documents stored in Amodit Trust Center?

        Generally, there are no technical limits. However, because this is a service, there are  cost issues and different pricing structures to negotiate and choose from.

        Some businesses sign thousands or even millions of short term contracts so it would  be better to negotiate storage which expires, for example, one year after a contract’s  termination date.

        Other businesses, for example a major construction firm, might sign only a few major  contracts a year, but with thousands of pages annexes and design documents. These  documents might be relevant for many years, so permanent storage could be negotiated.

        What document formats can be used in a signature process?

        PDF, Office, and graphics files can be used in a signature process. These files will be converted  and unified into one PDF to be sent for signing.

        Can I create drafts?

        Yes. AMODIT support the full document lifecycle. From collecting information, creating  templates, negotiating, giving opinions, e-signatures, archiving, contract management, analytics, and  reminders.

        Are there any limits on the number of people who can participate in a signature process?

        No. There are no technical limits, however, as a practical matter, the more participants there  are, the longer it will take.

        How can I be sure that an SMS will reach outside Poland? (Especially outside of Europe.) Does it work? How can it be checked?

        We use an SMSAPI gateway that supports sending SMSs abroad. Tests can be performed if  necessary.

        If someone hasn’t received the documents or the confirmation codes because of some network error can you send the codes again?

        Yes. This is much easier to do electronically than resending paper documents.

        If networks are overloaded, SMSs can be delayed or even lost. Some countries have  very reliable networks, but no network is perfect. Our system is prepared to deal with this  situation.

        If you are waiting for an e-signature process to complete how can you remind people to complete the process?

        The first notification is sent by the system when the system initiates the process.

        Further notices can be sent by e-mail, or SMS. However, if the e-mail is getting  filtered to spam, or if a participant is not receiving SMSs for some reason, you will have to  remind that participant personally.

        What happens if you’ve made a mistake in a contract that was signed? (Such as a typo, or missing/inaccurate information.)

        EU eIDAS regulations require contracts to be protected against modification once  they have been signed.

        In this situation you should submit a new contract for signing that contains the  correct information and contains some language such as: “This contract (new contract  number) supersedes contract (old contract number).” Of course, as with any legal  document, the exact language is important. Your lawyer might advise using an annex  instead, or particular phrases.

        This requirement to submit a contact a second time with the proper information is  due to the security features of blockchain; once recorded in the blockchain an entry ( a  ‘block’) cannot be changed.

        How can I increase my accuracy and sign contracts properly on the first try?

        Amodit Trust Center is just one feature of the Amodit electronic document workflow  system. These systems have been designed to work together to accelerate your workflows  and improve your accuracy.

        By using Amodit to prepare your contracts you can design a form with required  fields. This form can then be used to automatically fill in a contract template. Missing  information should never be a problem again and typos can be spotted more easily.

        Also, by using the ‘grant temporary access’ function you can give the other side(s)  who are going to sign the contract a chance to edit information (subject to your approval)  before the document is submitted to be signed.

        How does Amodit Trust Center handle annexes to contracts? (e.g. diagrams, product specifications, descriptions of services, etc.)

        Generally, all of these documents are merged into one PDF document and signatures  are given for this as a whole. (This merging is what eliminates the need for initialing every  page.)

        There are two ways to get to this point though; manually and electronically.

        Manually, you prepare all these documents separately and then submit them to  Amodit Trust Center which generates a merged PDF for signing. The risk associated with  this is that some elements of the contract might not match each other, for example, dates,  prices, etc.

        Electronically preparing your contract and annexes together in an electronic  document workflow system is highly recommended. This approach eliminates many  sources of errors and generally improves accuracy and efficiency. Fortunately for our users,  Trust Center is just one process operating in the Amodit electronic document workflow  system. (You can upgrade Amodit to better suit your needs at any time.)

        With a paper document you can see that someone wrote, “proxy for Person Y” or “authorized representative of Company Z”. What does it look like with an electronic signature?

        With both paper and electronic contracts you should use similar language and attach  the appropriate authorizing document.

        E-signatures have an advantage in this area though because this authorization can  be included in the list of documents to be merged before signing.

        Also, by using the full functionality of the Amodit electronic document workflow  system you could make a process that ensures that the authorization is up to date and that  the proper authorization is attached to the document list for each signer.

        In what ways are we already using e-signatures?

        Interestingly, many companies have actually been operating with a form of electronic  signature for a long time. There are three main types of electronic signature in use without  many people realizing that they are actually using electronic signatures; ‘click to confirm’  typically found on web pages, emails in which both parties agree to something, and ‘print,  sign and scan’ contracts.

        Most modern consumers are familiar with internet shops where you place your order  by clicking a button. This is in effect a simple e-signature (SES).

        Many companies proceed with fulfilling contracts that have only been agreed to in  emails. Such emails are specifically referenced as a ‘durable medium’ in eIDAS regulation,  and if there is a dispute these emails can be referenced in court.

        Many companies also operate on the basis of contracts which are printed, signed,  and scanned by the first side and then sent to the second side where they are printed,  signed, and scanned by the second side and mailed back to the first side. This is in fact a  very common situation, and crucially from a legal point of view, a paper version with an original signature from both side does not exist. Therefore the only version with both  signatures that both sides have equal access to is the electronic version that was mailed  back after the second signature was scanned.

        Are electronic signatures recognized by public institutions? (e.g. Will the Tax Office accept and process a document signed with an e signature?)

        Public institutions currently accept the use of qualified electronic signatures (QES) that meet  the XAdES standard. AMODIT Trust Center currently uses the PAdES standard and does not currently  allow XAdES standard signatures.

        What other forms of signature do you have? Can it be a certificate (a separate document) that confirms the acceptance of the terms of the contract by both parties?

        One PDF file is sent per electronic signature process. AMODIT prepares this PDF in advance  by converting a file from other formats (eg Office) or combining several such files into one PDF. From  a legal perspective, the most important thing is that the signature covers the entire contents of the  declaration of will. Of course, if you prefer, you can sign several separate documents (e.g. main  contract, and once for each annex), as is done with paper documents.

        What types of signatures are available in AMODIT?
        • Simple signature – the signer receives an e-mail with a unique one-time code and signs by clicking a button. The advantage is convenience (one click), but it is only single factor authentication. It is possible to add two factor authentication by sending an SMS code with a  document password.
        • SMS signature – the signer, in addition to a code sent by email, must also provide a one-time SMS code. This gives you two-factor authentication.
        • Handwritten/biometric signature – the signer manually signs on a touch device using a stylus or a finger. No special equipment is required for this. Optionally, an SMS code can also be sent for two-factor authentication.
        • Qualified signature – the signer must use a personal qualified certificate and a cryptographic device. This requires a special module to be downloaded and installed, because in this case the signature must be generated on the user’s device.
        • New types of signatures based on bank authorizations and ID cards are currently planned.
        How are the signers verified: mail, sms, other methods?

        The following identity verification methods are used:

        • Email code – a unique code sent to an email address
        • SMS code – a unique code sent to a telephone number
        • Qualified digital certificate – which requires the use of a dedicated cryptographic device

        We also plan to introduce new methods of identity verification, including:

        • Authorization of identity by banks
        • Reading biometric ID cards
        Incorrect data was provided in the document to be signed. As a signer can I change this data?

        The signatories cannot modify their data as this would allow them to impersonate other  people. If the data is incorrect the signer should refuse to sign and write your reason for refusal in the  space provided. The person who submitted the document to be signed can correct this data and send  it again. (There is no charge for incomplete signatures.) 

        What happens when you notice an error in the contract and you don’t want to sign?

        All signing parties have an equal right to refuse to sign a contract, and the ability to  add a comment about their refusal.

        Once a person has refused, the process cannot proceed and all parties will receive a  notification that the process has been terminated.

        Amodit Trust Center only charges for completed e-signatures. So, if an error is  detected you do not face a penalty if you cancel the process, correct the error, and resubmit  the document(s) for signing.

        How can I verify the signatories of a given document? How do you verify authenticity and integrity?

        AMODIT Trust Center acts as a trusted third party and performs identity verification. AMODIT  Trust Center generates individual one-time codes and sends them to the people listed as signatories  using the provided contact details, i.e. emails and telephone numbers. These codes are not disclosed to other people. The contact details of the signatories are saved in Trust Center, and on the signature  card in the final document along with an AMODIT digital seal. The authenticity of a document can be  checked with any PAdES signature tool, such as Acrobat Reader. The document is also accompanied  by a link to a page where you can verify that a document fits in the correct block in the blockchain.

        What if I don't get an email with the document?

        In this case, check your SPAM folder first. If you do not find an e-mail there, please contact  the person who initiated the signature process for that document.

        What if I do not receive an SMS with a code?

        In this case, check whether the phone number provided in the e-mail is correct. If not,  contact the person who sent the document to be signed. That person’s data can be found in the e mail.

        If some hasn’t received the documents or the confirmation codes because of some network error can you send the codes again?

        Yes. This is much easier to do electronically than resending paper documents.

        If networks are overloaded, SMSs can be delayed or even lost. Some countries have  very reliable networks, but no network is perfect. Our system is prepared to deal with this  situation.

        How will I have access to the electronically signed contract? and should I always or should keep a copy just in case (as a contractor)?

        Data about the document will be stored in the blockchain indefinitely. However, the full  content of the document is kept for a specified period of time, e.g. 5 years. It is recommended to  keep the signed document for your records just in case.

        If I have problems with my signature, who can I report the problem to? Is the service free?

        If your problem concerns a signature process, you can report the problem to Astrafox for free.

        What level of security do I need?

        The security level you need is directly proportional to the risk you are exposed to.

        Qualified Electronic Signatures are the most secure, and the tech industry is  constantly working towards the goal of easy to use qualified signatures.

        However, many businesses are currently operating on the basis of e-mails which  have not been vetted by a legal department, or on the basis of PDFs which have gone  through multiple cycles of printing and scanning and might contain errors. These types of  signatures are equivalent to Simple Electronic Signatures. (i.e. the least secure kind)

        Even ‘the best’ signature on a poorly constructed document will not protect you from  that kind of risk. This is why it is essential to use an electronic document workflow system  along with an e-signature solution.

        What level of ease of use do I need?

        Many businesses that deliver food or arrange taxi services are, in effect, Simple  Electronic Signature (SES) or Advanced Electronic Signature (AES) platforms. You set up an  account, link it to some sort of payment method, and then you can receive those products  or services with a simple click.

        The problem with this is that you start to have many smartphone apps: perhaps  several ride sharing apps, or food delivery apps.

        Amodit Trust Center e-signatures don’t require the download/installation of apps,  and can be used for many types of contracts. Using generic internet infrastructure (e-mail/ browser/sms) eliminates the barrier to entry for users.

        What data is required by the system in order to register the contract and designate persons for signing?

        The minimum requirement is to upload the document and enter the contact data for the  signers. First name, last name, and email are required. Optional items include: company, position,  and telephone number.

        I want to sign a contract with attachments. Will the other party receive everything in one file to be signed? How do you add annexes?

        AMODIT can convert multiple files from a variety of formats to PDF files and then combine  them into one PDF. The signature process will be carried out on the one merged PDF file.

        Can we specify the order in which people should sign a document?

        Yes.

        Some companies have this sort of procedure and this need can be accommodated  in the signing process. However, from both a legal and technical perspective, a contract is  not signed until all parties have agreed and it has been registered in the blockchain.

        Generally this sort of procedure was put in place to give one last chance to review a  paper contract before the final signature is added. By implementing electronic document  workflows, contract details are checked by automating flow through an acceptance matrix  before a contract is sent to be signed. Using a signing sequence is completely unnecessary  when using a modern electronic workflow.

        What languages is Trust Center available in?

        Currently English and Polish are supported.

        When you prepare a contract with Amodit can you adjust the language or the style?

        Yes.

        You can prepare a template in Word and use whatever language, colors, and  graphics you desire. That template can be filled with the data you collect in your Amodit  form, e.g. name, surname, amounts, etc.

        You have complete control over the forms you design and the document templates  you use. You can also use the ‘grant temporary access’ function to give outside parties the  ability to enter data into the forms themselves.

        Can you change the appearance of the email the other parties receive?

        No. The email format is standardized to ensure reliability and to avoid messages being  filtered as SPAM.

        Does the system inform you when the email with links has been delivered to the other parties?

        No. Only when a signature process concludes, either successfully or unsuccessfully, is a  message sent.

        Will I have information about who signed a document, even though someone else, e.g. a secretary, entered the signatory list into the system?

        Yes.

        Can we determine who hasn’t signed yet?

        While an e-signature process in underway you can check who has signed so far.

        What happens if someone is out of the office, traveling for some reason, and has no network access?

        Obviously, for an e-signature process to complete you need network access.

        This another advantage for e-signatures though because you can get network  access anywhere on the face of the Earth with the right equipment. Your CEO could be on a  yacht in the Med and still complete an e-signature in a few minutes.

        Can the contract signing process be cancelled/refused by all parties? Will all parties be notified that the process was cancelled?

        Any party may refuse to sign and state the reason for their refusal. All parties involved will  then be notified.

        Is there any fee for canceling an e-signature process?

        No.

        Fees are generated on the basis of completed e-signatures, or a monthly fixed rate  (negotiated).

        What happens to an e-signature process that is taking too long?

        A time limit can be sent so that the e-signature process is cancelled after a certain  time.

        Also, until all e-signatures have been recorded the processed can be canceled.

        This is an advantage for e-signatures because you are almost instantly informed  when a document has been signed. With paper contracts which are being signed remotely  you are not sure if a contract has been signed until you receive back your signed copy. This  can be a long time potentially, and is open to manipulation by the signing parties.

        How should you store your contract once it is signed? Do you need a physical copy?

        You do not need a physical copy. The electronic copy is the ‘original’.

        Your files should be stored according to their importance. Performing a back-up of  your important files is recommended for all types of important data. If you are using the full  version of Amodit you can determine how long you want each contract to be archived.

        If I have incorrectly entered a person or some other data (e.g. a telephone number) and initiated a signature process, can I change it?

        Yes. Simply cancel that signature process, correctly enter the data, and initiate a new  signature process.

        Do signers get prompts?

        Yes. They receive an invitation to sign by e-mail. You can also define additional notification  rules in AMODIT.

        If you are waiting for an e-signature process to complete how can you remind people to complete the process?

        The first notification is sent by the system when the system initiates the process.

        Further notices can be sent by e-mail, or SMS. However, if the e-mail is getting  filtered to spam, or if a participant is not receiving SMSs for some reason, you will have to  remind that participant personally.

        Are there any additional fees besides the monthly fee?

        No. Additional services related to process modeling can be ordered, but these are not  required.

        What does a signed document look like? Where is the signature? What does the signature contain? Does each page need to be initialed?

        The final document is a PDF with the signature process ID marked on each page and a  signature card at the end.

        Is it possible to choose a location on a contract to place the signature?

        Currently, signatures are placed on the last page. Functionality for indicating additional places  for signatures is planned.

        Is there any need for an e-signature to look like a handwritten signature? Does it need to be placed at the end of a document?

        There is no technical need for this but many e-signature solutions were implemented  in this way because it looked ‘traditional’.

        Amodit uses a simpler solution; adding a page at the end of the document(s) with all  the e-signature information. This removes the need of preparing a special place for  signatures in the document templates, and leaves the source documents unaltered.

        Some users might think that they need the signature ‘next to’ some element in the  contract, but with an electronic contract there is no ‘next to’; the ‘checksum’ applies to the  entirety of the document. (A checksum is a special number generated for each document to  show it hasn’t been changed.)

        Will submitting a contract twice cost twice as much?

        Yes, but editing a document and printing it a second time also costs ‘twice as much’.  Also, the cost associated with printing documents are much higher.

        How do the costs compare between signing a paper contract and an e-signature?

        The cost savings are enormous!

        Just the mere act of signing a traditional paper contract involves: travel costs (for  either the people or the documents), travel time (for either the people or the documents),  printing costs (sometimes multiple times as things are printed, signed, scanned, and  emailed along).

        All of those costs are eliminated, and replaced with the cost of a few emails, SMSs  and the e-signature fee. (See pricing information for details.)

        And you’ll never have to initial every page of every copy of a contract again! (For  some clients this is enough of an incentive to adopt e-signatures.)

        What lessons can be learned about remote working during the COVID-19 pandemic?

        The current COVID-19 pandemic has really highlighted all the advantages of e signatures. The travel restrictions in various places limited business travel, and mailing  physical documents back and forth is very slow. This has accelerated the adoption of e signatures, but it also gave people the chance to see the other benefits of electronic  document workflows, like cooperative editing, increased accuracy, etc.

        Businesses which already had electronic document workflow systems deployed  were far better able to adapt to the current business reality. This has resulted in two  competitive advantages for early adopters. Firstly and most urgently, the simple ability to  continue business activities. And secondly, but more importantly in a long term perspective,  increased efficiency.

        Why should contractors and business partners switch to using e signatures?

        Increasingly, companies aren’t even discussing ‘Why?’ now. The questions most  companies are asking are ‘Which type?’, ‘How?’, and ‘How fast?’ These questions center  on the level of security required vs. the ease of use.

        For example, in an international business context you would like to operate with as  much security as possible. So your IT department might insist on a qualified (QES)  signature, or an advances (AES) signature with 2 factor authentication. However, the people from Sales might know that in ‘Country X’ SMSs can get delayed in the network. In this  situation some sort of compromise must be reached between your business needs and your  legal requirements.

        Another important feature of Amodit Trust Center e-signatures is that you can  choose the level of security required for each document. If the network infrastructure in  ‘Country X’ improves you can start using 2-factor authentication, or if qualified electronic  signature devices become more commonplace you can start using those.

        E-signature laws around the world: General Information

        E-signatures are gaining wider and wider acceptance around the world. The  countries listed below all have e-signature laws. These countries, along with the EU,  represent the the vast majority of international trade and well over half of the world’s  population.

        • All of the countries listed below, and all EU countries, will accept e-signatures as evidence in court.
        • E-signatures can be used for most commercial transactions in the countries listed below. (For more information please consult a qualified legal advisor in your jurisdiction.)
        • E-signatures are generally not useable for notarized documents , but some jurisdictions are beginning to allow ‘e-notaries’. (For more information please consult a qualified legal advisor in your jurisdiction.)
        Tiered Models vs. Open Models

        Most countries operate in a tiered model, either 3 tiers or 2 tiers. Some countries  operate in an open model.

        • The EU operates under a three-tiered model for electronic signatures, Simple (SES), Advanced (AES), and Qualified (QES).
        • Some countries operate under a 2 tiered model, usually something analogous to QES and SES, but named in accordance with local law.
        • A few countries operate in an ‘open’ model which is technologically neutral.
        The United States of America (USA)

        The US has two types of e-signature laws, state and federal.

        Most US states (47 plus some territories) have adopted the Uniform Electronic  Transactions Act (UETA), and the remaining states have kept their own e-signature  regulations.

        The Electronic Signatures In Global and National Commerce Act (ESIGN) establishes  the legal framework for the use of e-signatures in both inter-state and international contexts.

        The USA operates in a fairly open technologically neutral way without specifying  particular technologies that must be used.

        The United Kingdom (UK)

        Currently, the UK is operating under EU eIDAS regulations. In the near future, (written  August 2020), some change could occur in the UK’s handling of e-signatures.

        Switzerland

        Swiss law, “943.03 Bundesgesetz über Zertifizierungsdienste im Bereich der  elektronischen Signatur und anderer Anwendungen digitaler Zertifikate”, sets conditions for  electronic signatures which can have equivalence with handwritten signatures.

        The Swiss law has many similarities with EU eIDAS legislation.

        Canada

        Canadian law, as set out in the Personal Information Protection and Electronic  Documents Act, SC 2000, c 5, defines e-signatures and their use.

        This law makes a distinction between Electronic Signatures and Secure Electronic  Signatures. Canadian Secure Electronic Signatures share a somewhat similar definition to  an EU eIDAS Advanced Electronic Signature (AES).

        Russia

        Federal Law of the Russian Federation No. 63-FZ “On Electronic Signature” defines  the use of electronic signatures. Russian law envisions a system with multiple tiers. The  highest tier is certified by a Russian government agency.

        However, even ‘Standard’ e-signatures can be used for most commercial purposes.   

        China

        The “Electronic Signature Law of the People’s Republic of China” recognizes the  general validity of electronic signatures and also has the concept of a ‘reliable electronic  signature’. A Chinese ‘reliable electronic signature’ has equivalency with a handwritten  signature. The Chinese ‘reliable electronic signature’ requirements are similar to EU eIDAS  Advanced Electronic Signature (AES) requirements.

        The “Electronic Signature Law of the People’s Republic of China” states:

        Article 13

        If an electronic signature concurrently meets the following conditions, it shall be  deemed as a reliable electronic signature:

            (1) when the creation data of the electronic signature are used for electronic  signature, it exclusively belongs to an electronic signatory;

            (2) when the signature is entered, its creation data are controlled only by the  electronic signatory;

            (3) after the signature is entered, any alteration made to the electronic  signature can be detected; and

            (4) after the signature is entered, any alteration made to the contents and  form of a data message can be detected.

        The parties concerned may also choose to use the electronic signatures which meet  the conditions of reliability they have agreed to.

        Article 14

        A reliable electronic signature shall have equal legal force with handwritten signature  or the seal.

        Japan

        Japanese law allows for the possibility of verbal agreements. The Japanese “Act on  Electronic Signatures and Certification Business” (Act No. 102 of May 31, 2000)  (Amendment of Act No. 10 of 2006) lays out the provisions for Specified Certification  Businesses – Japanese Public Key Infrastructure (JPKI).

        E-signatures which meet the requirements of Japanese law have the same evidential  value as a handwritten signature.

        South Korea

        South Korean law allows for the possibility of verbal agreements. The South Korean  Electronic Signature Act (ESA) sets out provisions for using ‘certified digital signatures’  which have many similarities to EU eIDAS Qualified Electronic Signatures (QES).

        South Korean government bodies, technologies, and infrastructure for Electronic  Signatures is well developed.

        Hong Kong

        Hong kong’s Electronic Transactions Ordinance (ETO) sets forth the conditions for  electronic signatures. Hong Kong’s model is similar to a EU eIDAS Qualified Electronic  Signature (QES).

        As written in the ETO: 

        Part IX: 34.The Postmaster General as recognized certification authority (1)The Postmaster General is a recognized certification authority for the purposes of  this Ordinance.

        All electronic records, even those that are not certified, are admissible as evidence in  court.

        As written in the ETO:

        Part III: 9.Admissibility of electronic records

        Without prejudice to any rules of evidence, an electronic record shall not be denied  admissibility in evidence in any legal proceeding on the sole ground that it is an electronic  record.

        Singapore

        Singaporean law allows for the possibility of verbal agreements. Singapore’s  “Electronic Transactions Act of 2010” enshrines into law the concepts of an ‘electronic  signature’ and a ‘secure electronic signature’. Singaporean ‘secure electronic signatures’  are roughly equivalent to EU eIDAS Qualified Electronic Signatures (QES).

        India

        Indian law allows for the possibility of verbal agreements, and the Indian Information  Technology Act of 2000 (IT Act) stipulates that electronic contracts are enforceable.

        Additionally, India has the world’s largest biometric ID system, Aadhaar, with 1 260  000 000 ID holders. Development of e-signatures and electronic contracts in India is  expected to be exponential in the near term.

        Pakistan

        Pakistan’s Electronic Transaction Ordinance of 2002 provides the framework for  electronic signatures; ‘electronic signatures’ and ‘advanced electronic signatures’. Pakistani  advanced electronic signatures have the same evidential status as handwritten signatures.  This law provides for wide usage of electronic signatures and defines a Pakistani ‘advanced electronic signature’ in a manner similar to an EU eIDAS Qualified Electronic Signature  (QES).

        In Chapter 2 of the law:

        1. Legal recognition of electronic signatures.—The requirement under any law for affixation of signatures shall be deemed satisfied where electronic signatures or advanced electronic signature are applied.
        2. Proof of electronic signature.—An electronic signature may be proved in any manner, in order to verify that the electronic document is of the person that has executed it with the intention and for the purpose of verifying its authenticity or integrity or both.
        3. Presumption relating to advanced electronic signature.—In any proceedings, involving an advanced electronic signature, it shall be presumed unless evidence to contrary is adduced, that:

        (a) the electronic document affixed with an advanced electronic signature, as  is the subject-matter of or identified in a valid accreditation certificate is authentic and has  integrity;

        or

        (b) the advanced electronic signature is the signature of the person to whom  it correlates, the advanced electronic signature was affixed by that person with the intention  of signing or approving the electronic document and the electronic document has not been  altered since that point in time.

        United Arab Emirates (UAE)

        UAE allows for the possibility of verbal agreements. The framework set out in the  UAE’s, “Federal Law No. (1) of 2006 On Electronic Commerce and Transactions”, governs  the use of electronic signatures. Electronic signatures can be used in the most common  types of commercial transactions, with specific types of transactions specifically excluded.

        The UAE has a more ‘open’ model of e-signatures and is technologically neutral as  can be seen from these sections of the law:

        Five: Electronic Signature Article (8)

        1- Where a rule of law requires a signature on a document, or provides for certain  consequences in the absence of a signature, that rule is satisfied if the document contains a  reliable Electronic Signature within the meaning of Article (18) of this Law

        2- Absent contrary statutory provision, a person may use any form of Electronic  authentication

        AND:

        Three: Reliance on Electronic Signatures and Electronic Attestation Certificates Article (18)

        1- A person may rely on an Electronic Signature or Electronic Attestation Certificate to the  extent that such reliance is reasonable

        The rest of Article 18 goes on to outline conditions for determining what is  ‘reasonable’.

        Egypt

        The Egyptian E-Signature Law No.15/2004, lays out the regulations and  requirements for using e-signatures in Egypt. This law basically stipulates the use of  something similar to EU eIDAS Qualified Electronic Signatures (QES).

        Their equivalence to written signatures has been upheld by a ruling of the Egyptian  Court of Cassation in March 2020. The court stated that electronic evidence can only be  challenged and dismissed on the grounds of forgery as set out in Egyptian Evidence Law  No. 25/1968. This places the burden of proof on the person who challenges the validity of  an Egyptian e-signature.

        Brazil

        Brazilian law allows for the possibility of verbal agreements. Brazil’s law “MEDIDA  PROVISÓRIA No 2.200-2, DE 24 DE AGOSTO DE 2001.” provides for the use of e signatures based Brazil’s public key infrastructure (PKI), and foreign PKI if all signing parties  agree.

        Mexico

        Mexican law allows for the possibility of verbal agreements. Mexican law does not  have a single source of applicable law governing electronic signatures. In such a situation  more of the onus of proving the legitimacy of an electronic signature lies with the party  asserting it’s authenticity. Therefore, while Simple Electronic Signatures (SES) are used for  many commercial purposes, Advanced (AES), or even Qualified (QES) signatures are  preferred.

        Frequently Asked Questions Disclaimer

        This document is provided for educational purposes only and is not meant as  definitive source. The information and opinions expressed herein do not constitute legal  advice. Wherever possible original sources are referenced, however these sources are  subject to change without notice. The technical information contained in this document can  be rendered obsolete as technologies, and methods change.

        Please consult a qualified legal advisor for up to date legal information in your jurisdiction.

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