Question 1

What type of electronic signature does Closd offer?

Accepted Answer

Closd offers "Advanced signatures" under the EU eIDAS regulation. This high level of security is attained through the following steps:

• Integrating the technologies developed by DocuSign et Certeurope, providers certified by the European Commision. On each project, users can choose between the two technologies and keep the same interface and signature workflow.• Combining these technologies with a strong three-layer authentication.

It is also possible to type mandatory notes on a document (e.g. “read and approved”) and add instructions for the signatory.

Question 2

What is the legal framework?

Accepted Answer

Under European law, the eIDAS regulation of July 23, 2014 has been a game changer. It is now easy to prove that an electronic signature technology is secure and reliable. It has implemented a new harmonized framework for digital trust services (among which the electronic signature) and provides that national courts cannot reject electronic signatures as evidence.

The eIDAS regulation has created three types of electronic signatures (Simple, Advanced and Qualified, depending mostly on the authentication process) and a system of certifications issued national supervisory authorities for each provider. Once certified, the provider obtains the label of "Trust Services Provider" and may operate in any member State. A trusted list of all certified providers is published and updated by the European Commission, making it easy for national judges to assess whether the electronic signature is secure.

The eIDAS regulation has allowed the electronic signature to boom in Europe. It is now a reference law that has inspired a lot of national regulations, even outside the European Union.

Question 3

What are the different types of electronic signatures?

Accepted Answer

Legally, there is no difference in terms of validity between "Simple", "Advanced" and "Qualified" signatures. Their legal effect and admissibility in court cannot be denied in any state within the European Union. The "Qualified" signature simply benefits from a presumption of reliability.

The "Simple" signature is, by default, that which does not meet the requirements of the "Advanced" or "Qualified" categories. Authentication of signatories usually results in sending a One-Time Password (OTP) to the signatory's mobile phone after clicking on a link received by email.

The "Advanced" signature must meet the following requirements :

It is uniquely linked to the signatory;It is capable of identifying the signatory;It is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; andIt is linked to the data signed therewith in such a way that any subsequent changes in the data are detectable.

On Closd, these requirements are met by combining the transmission of an OTP code via mobile phone and the user's email and password combination with two other factors, making it possible to establish with certainty the identity of the signatory: an automated ID verification and a secure password to access Closd.

From a probative point of view, these authentication methods create a solid body of evidence in addition to the eIDAS certification. Challenging a signature made on Closd would require proving the hacking of the mailbox, the theft of the mobile phone and the theft or falsification of a copy of the signatory's identity document.

The "Qualified" signature legally corresponds to an "Advanced" signature with reinforced technical requirements and requires the issuance of a certificate following a face-to-face verification of the signatory's identity (by physical meeting or videoconference). The advantages of the electronic signature (mobility and speed) can be greatly reduced by this process.

Question 4

Should documents be initialed?

Accepted Answer

No. Electronic signature technologies play the same role as notarial binding (thanks to the document's digital "fingerprint"). Therefore, any modification of an electronically signed document subsequent to its signature is automatically detected by the PDF reader in which it is opened. If the document was modified, a message appears warning the user that the affixed electronic signatures are no longer valid.

Question 5

How do electronic signatures work technically?

Accepted Answer

An electronic signature is composed of electronic data and leaves no graphic representation on the document. The image on the document is merely symbolic. It doesn't matter if it doesn’t look like the signatory's handwritten signature. Its validity and probative force lie in the digital data incorporated into the document, which guarantees both its integrity and the authentication of the signatory:

A digital certificate provided by a trusted Certification Authority, which proves that the signatory’s identity has been verified;A unique fingerprint of the file that ensures that the document has not been modified since it was signed.

Mois : janvier 2019

03 Jan

Témoignage d’expert : Emmanuel Scialom (Frieh Associés)

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