Creating a signature: How to create a legally valid digital signature

An electronic signature can be created using a signature pad, on a mobile device or via a software solution. The signature level achieved in accordance with the eIDAS Regulation – simple (EES), advanced (FES) or qualified (QES) – is decisive for its legal validity. An FES is suitable for many business processes where there are no specific formal requirements. If the statutory written form is to be replaced electronically, a QES is required, provided that the electronic form is not excluded.

The most suitable option depends on the document, the location and the required identification method. signotec offers signature pads and software for both local and browser-based workflows.

Anyone wishing to create a digital signature may mean an image of their handwritten signature or signing a document electronically. An inserted image of a signature constitutes a simple electronic signature (EES). Additional technical procedures are required to link the signature to a specific person and to verify that the document has not been altered.

‘Electronic signature’ is the legal term under eIDAS. ‘Digital signature’, in the narrower sense, refers to the cryptographic process. In everyday use, the two terms are often used interchangeably. A comparison of signature levels provides an overview of the legal tiers.

A signotec signature pad is a practical solution for signing documents in the workplace or at the point of sale. Among other things, the sensor records pressure, writing speed, time and acceleration. The software encrypts the biometric data and links it to the document. A cryptographic signature ensures that any subsequent changes to the PDF are detectable.

The ‘Signature Pads for Businesses’ buying guide shows which pad is best suited to your location and display requirements. A link to it will be provided here once it is published.

When on the move, signatures can be captured directly on the screen of a suitable mobile device. The software used determines which characteristics are recorded and how they are linked to the document. On iOS and Android, signotec uses the signoSign app for iOS/Android; this captures the signature using a finger or stylus on the display.

If a tablet is also required, a compact signotec Sigma can be used in conjunction with a laptop. This eliminates the need to print, scan and subsequently transport paper documents.

signoSign/2, signotec’s desktop software, enables local signature workflows to be implemented at the workplace. signoSign/Universal is used for browser-based signatures, whether on-site or remotely: the signatory receives a link and signs via their browser.

A qualified electronic signature (QES) is possible provided the appropriate licence is held and a qualified trust service provider is connected. The provider handles the necessary qualified identification and certificate issuance. This connection is not generally required for a simple remote signature.

The eIDAS Regulation distinguishes between EES, FES and QES. An EES may be sufficient for procedures not subject to any formal requirements, but generally carries less evidential weight. An FES must be uniquely linked to the signatory and must make any subsequent alterations to the signed document detectable. A QES is legally equivalent to a handwritten signature (Article 25(2) of the eIDAS Regulation).

Whether a QES is required depends on the specific legal formal requirements. For some procedures, the electronic form is expressly excluded. You should therefore select the signature level based on the document and the level of risk. The eIDAS fundamentals and the comparison of signature levels provide further insight into the legal classification.

How can I create a digital signature for free?
You can generate a signature image free of charge. This is a simple electronic signature. For an FES or QES, you will need a suitable signature procedure.

Is a signature drawn on the screen valid?
It can constitute a simple electronic signature. Whether it is sufficient for a specific transaction depends on formal requirements and evidential standards.

How do I create an advanced electronic signature?
Use suitable signature software that uniquely identifies the person and makes subsequent changes to the document detectable. A signature pad can capture biometric features for this purpose.

Can I sign on behalf of someone else?
Yes, if you are authorised to do so. The power of attorney and clear identification must be verified separately from the technical signature level.

Do I need an internet connection?
Not strictly necessary for local capture using a pad and desktop software. Browser-based remote signatures and transmission to external systems such as DMS or ERP may require a connection, depending on the process.

Conclusion

An electronic signature can be created at the workplace, on a mobile device or in a browser. The key factor is the appropriate signature level. With signature pads, signoSign/2 and signoSign/Universal, signotec supports various signature processes. Before implementation, check the formal requirements and the desired workflow.