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Yes, as long as you can show the identity of the person who completed the form and who clicked on send.

In Europe, the law that regulates electronic signatures is the eIDAS Regulation, which defines what constitutes a legally binding signature.

According to the eIDAS Regulation, completing a form with your name and clicking on send, is a legally binding electronic signature, but it is a simple signature.

And the problem with simple signatures is that it is very difficult to prove who signed it. So it has several inconveniences before a court of law:

Anyone can write a name in a form. In order for the contract to be legally binding, there should be a way to prove that the name was written by the person who the name represents.

So that everything established in the document is legally binding when a document is electronically signed, the document should also be linked to the signature itself. This ensures that if something changes in the document, for example, somebody changes a clause, the change will be detected.

To solve this problem, ideally a signature that is uniquely linked to the signatory is used, and that does not require any special device to be able to sign it. This type of signature exists, in the eIDAS Regulation it is called an advanced electronic signature.

The advanced electronic signature offers more legal guarantees than the simple signature, as it can prove the identity of the signatory.

With our advanced electronic signature, the signatory has to sign the document with their personal signature, using a tablet, smartphone or computer.

To identify them, we accurately determine where they are signing from, we register the address of origin and destination of the request and time of the signature, and we capture biometric data of the signatory’s handwriting, such as the speed or rate of which they sign. This way, we can make this information available to a handwriting expert so that they can analyse the questionable signature in case of dispute.

We collect all electronic evidence on the time, place and device the signature was done on in an evidential document or audit trail.

More information: What exactly is an audit trail and what electronic evidence does it contain?

In the United States, the laws that define the legality of electronic signatures are called E-Sign Act and UETA Act.

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David Woram

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2y ago

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