The European Union (EU) recognises digital e-signatures like eSign legally for many kinds of transaction, according to Nitro.
That’s according to the EU Electronic Identification, Authentication and Trust Services (eIDAS) Regulation 910/2014 when referring to applications like Nitro Pro and Nitro Pro for Business.
“Nitro solutions are compliant with this legislation,” the vendor said. Nitro said eIDAS replaced eSignature Directive 1999/93/EC in 2016.
“For all EU member states eIDAS takes precedence over existing, conflicting national laws.”
E-signatures include a standard electronic signature (SES) applied to a document as evidence of intent. An advanced electronic signature (AES) meets additional requirements.
An AES is uniquely linked to the signatory and capable of identifying the signatory. Also, it has been created using e-signature creation data used only by the signatory.
“It is linked to the signed data so any subsequent change in the data is detectable,” said Nitro.
From SES to AES to QES e-signatures
Thirdly, the phrase qualified electronic signature (QES) refers to an AES created by a QES device, based on a qualified certificate for e-signatures.
“A qualified certificate is issued by a trust service provider (TSP) on the EU Trusted List (EUTL),” Nitro said.
“Each EU member state can add TSPs to the ETL by certifying they meet the strict regulations outlined in the eIDAS Regulation.”
In addition, an electronic signature shall not be denied legal effect and admissibility as evidence in legal proceedings just because it is electronic in form.
The eIDAS regulation itself does not specify electronic signature types required or otherwise. Instead, that is handled as part of individual EU member state laws.
“In practice, legal restrictions that prevent or require a type of electronic signature are uncommon,” said Nitro.
Therefore, SES is legally valid in the EU for most transactions that require a signature, the vendor said.
Nitro offered different eSign products according to need. Most recently, it added support for certificates with EUTL-listed root certificates.
Currently, Nitro Sign supports SES transactions, while Nitro Pro allows users to digitally sign and certify documents.
Nevertheless Nitro recommends that organisations take legal advice on compliance for their own specific uses.
( Photo by Romain Dancre on Unsplash )
