Online evidence and electronic signatures
Proving a commitment made online: the three eIDAS signature levels, timestamping, qualified trust service providers, evidence agreements and the evidence file for a consent.
- 25 cards
- 4 topics
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Electronic signature: what is it?
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Data in electronic form attached to a document by which a person shows agreement; the eIDAS regulation distinguishes three levels: simple, advanced and qualified.
No signature may be refused solely because it is electronic; what changes from one level to another is the probative value.
Which of these signatures has the same legal effect as a handwritten signature?
- The qualified signature
- The advanced signature, as long as identity is checked
- The simple signature, if the connection log is kept
- An image of a signature pasted into the document
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The qualified signature
Only the qualified signature is expressly equated with a handwritten one. The others can serve as evidence, but the judge assesses their value, and the burden of proof lies on whoever invokes them.
An evidence file for a consent keeps the operation …, the … of the text accepted and the exact date of acceptance.
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An evidence file for a consent keeps the operation log, the version of the text accepted and the exact date of acceptance.
Without the text version, it is unknown what the person consented to. Without a log, it is unknown whether it was really them.
Qualified electronic signature: what is it?
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An advanced signature created with a qualified device and based on a qualified certificate; the only one with the same legal effect as a handwritten signature.
Its reliability is presumed: whoever challenges it must prove it is not reliable. For a simple signature, the burden of proof lies on whoever relies on it.
A customer denies having signed up for a contract online. Which item is decisive, and which rule applies?
- The screenshot of the ticked box; a ticked box equals a qualified signature
- The welcome e-mail sent to the customer; sending it proves the agreement
- The published general terms; publication is enough to bind the customer
- The signature provider's evidence file; the reliability of a qualified signature is presumed
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The signature provider's evidence file; the reliability of a qualified signature is presumed
The evidence file (verified identity, document hash, timestamp) ties a person to content and a moment. A qualified signature is presumed reliable: the customer must prove otherwise. A ticked box or welcome e-mail proves far less.