After all, does electronic signature replace notarization?

For a long time, notarization of signatures was essential to validate contracts. Currently, the question arises: electronic signature replaces signature recognition traditional, supported by a digital certificate, guaranteeing the same legal validity for digital signatures on documents? The answer is yes.

After all, with the advent of technological innovations such as electronic signature growing in the corporate world and revolutionizing the various bureaucratic processes of companies, it is still relatively common a strong idea that notarial validation is indispensable to ratify the authenticity of a signed document – ​​regardless of whether this signature was given by hand or digitally .

That is why so many people wonder if digitally signed contracts also require the old and tiring trips to the notary to be 100% validated. Or does electronic signature really replace notarization?

A electronic signature replaces notarization in 95% of the cases – and, throughout this article that we are preparing, we will resolve all doubts regarding the subject. 

Does an electronic signature replace notarization?

Yes, electronic signature can replace notarization. Regulated by law, it has the same legal validity as a signature made with a pen, eliminating the need for notarization.

With the support of technologies such as digital certificates, password authentication and biometrics, the electronic signature ensures the identity and integrity of the document, making it valid for various contracts and documents.

Institutions such as banks, government agencies and even notary offices accept electronic signatures, as long as they are carried out on platforms with reliable security methods. Although there are still exceptions, such as the requirement for a public deed for real estate transactions, the trend is that electronic signatures will soon be widely adopted, eliminating the need for paper in contractual processes.

How does notarization work in Brazil according to Brazilian law?

Since the entire process of digitizing contractual relations is closely related to the need to reduce bureaucracy in procedures and to abolish the use of paper, in the new model, it would not make the slightest sense to demand notarial validations for signing agreements, either in public or private level.

In practice, for this to be viable, there must be – and, in fact, there is – a robust legal mechanism on the subject. Here in Brazil, the legislation involving electronic signature and notarization is extensive.

It starts in 2006, with the Law No. 11.419, which regulates the signature with a digital certificate as a condition for procedural acts. Subsequently, this law would be amended by the  RFB Ordinance No. 2.860/2017. In 2011, the use of the digital certificate became mandatory for the transmission of the DIPJ, which abolished the use of physical documentation in the relationship between the Treasury and taxpayers.

In 2013, another important step took place, when Ordinance RFB nº 1.880/2013 replaced the notarization of signatures for citizens by presenting the original document or a certified copy with the signature made on the spot – with the exception of any cases of doubt regarding its authenticity. 

In 2018, the change extends to all other public bodies, with the joint presentation of the citizen's signature together and his document to the administrative agent.

When we talk about electronic signature, authentication takes place in several other ways, such as password, biometrics, IP recognition, geolocation and digital certificate – just to name a few.

What is electronic signature?

We can define electronic signature as a legal and efficient way to obtain someone's approval or consent by acknowledging their identity via electronic means.

That said, we also have the digital signature, which, although commonly treated as a synonym, is actually defined as a electronic signature type whose concept is linked to the use of any electronic or digital mechanism to validate the authorship of an act.

It is, therefore, a resource that proves the identity of its signatories in a secure way, using cryptography, a virtual key and a digital certificate, issued by a Brazilian certification authority, in accordance with the standards of Brazilian Public Key Infrastructure (ICP-Brasil).

In addition, it assumes the same legal value as a traditional signature, thanks to the establishment of various norms, such as Article 10, § 2, of the Provisional Measure No. 2.200-2/2001 and Provisional Measure No. 983 of 2020.

Some examples of digital certificate are the e-CNPJ and the OAB token used by lawyers. There are also types of digital certificates, such as A1 and A3.

Differences between simple, advanced and qualified electronic signatures

A Law No. 14.063 / 2020, which regulates electronic signatures in Brazil, classifies this resource into three distinct types: simple, advanced e qualified. Understanding these differences is essential to choosing the appropriate modality for each document.

A simple electronic signature identifies the signatory and associates data with other data in electronic format. It is used in low-risk situations, such as acceptance of terms and digital forms.

A advanced electronic signature offers greater security, requiring unequivocal identification of the signatory and ensuring the integrity of the document. It may involve biometrics, tokens or cryptographic keys, and is recommended for contracts involving financial values ​​or more robust commitments.

A qualified electronic signature performed with an ICP-Brasil digital certificate. It is equivalent to a handwritten signature with notarization. It is required in transactions of greater value or sensitivity, such as real estate transactions, legal proceedings and corporate acts.

Knowing how to distinguish between these types helps companies and individuals adopt signature practices that are compatible with the degree of formality and risk involved in each transaction.

How did the electronic signature come to be valid as a substitute for notarization?

Due to its full legal validity, the signatures electronic and digital have been widely used in the formalization of agreements and contracts between two or more parties, whether individuals or legal entities.

In this sense, the digital signature, the one performed with digital certificate issued in accordance with ICP-Brasil standards, is now accepted as a substitute for notarization, as soon as this same digital certificate exists precisely for the purpose of attesting to the authenticity of a signature.

It is important to remember that there is a cost for the individual issuance of the digital certificate, necessary for the digital signature to be correctly performed. For cases in which not all parties involved have these certificates, the electronic signature, performed by platforms specialists, represents the ideal solution. 

In this way, as established by the terms of the MP of the Signature, the authenticity of the contract is guaranteed under the Law.

Cases in which notarization is still mandatory

Although electronic signatures replace notarization in most cases, there are still specific situations in which the notarial procedure is required by law.

Some of the most common examples include:

• transfer of vehicle ownership: the signature on the DUT (Single Transfer Document) requires notarization for authenticity;
• real estate transactions: in some cases, public deeds or real estate purchase and sale contracts still require in-person formalities and notarization;
• public powers of attorney: certain powers of attorney must be drawn up at a notary's office, with notarization, especially those that grant broad powers;
• acts regulated by specific internal rules: some banks, notary offices or public bodies may require notarization for documents such as travel authorization for minors.

These exceptions reinforce the need to analyze each specific case. When in doubt, seeking guidance from a lawyer or a notary public is essential to ensure the validity of the act.

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The advantages of electronic signatures as a substitute for notarized signatures

Now that you know that implementing an electronic signature solution replaces notarization at a notary, let's talk about some of the main advantages obtained by migrating to this modality of signing contracts:

Reduced costs

Working with physical documents involves a series of costs that can be avoided by using electronic signatures.

Starting with the investment in printer paper and toner, which can weigh heavily, especially for companies with a large issue of contracts per month.

Not to mention the logistics related to signing these documents. When signatories cannot go to their office, or even when they live in a distant location, it is common for a third-party service to be needed so that the paper is taken to the person, so that they can sign the document and forward it back for you.

Time optimization

The recent and constant advancement of technology implies in increasingly faster processes, which include everything from internet speed to the online service provided by companies.

The same occurs with the signature process, which, when done in the traditional way, becomes extremely slow, with the collection of signatures being able to extend for whole days – as can be seen in the previous item.

On the other hand, the electronic signature allows an optimized use of time: the whole process is carried out much more immediately, streamlining the workflow and significantly favoring the increase in the number of hires per month.

Convenience

One of the indisputable advantages of the electronic signature is that, with it, you can sign your contracts anywhere, just needing a smartphone or computer and an Internet connection. 

With regard to the notarization process, the comfort offered by the tool cannot be denied, since trips to the notary offices are usually time-consuming, expensive and, therefore, extremely inconvenient processes.

Ease of issuing documents

The digitization of the company's documental information allows all of its document management to take place in a digital environment, which greatly facilitates the creation, signature and sharing of its files.

When using platforms GED e electronic signature APIs, the workflow becomes really fluid, and all the bureaucracy normally involved in the process tends to disappear.

Sustainability

The electronic signature offers significant environmental benefits, since the tool reduces both the emission of waste and the consumption of paper and other materials associated with the production, transport and storage of documents.

In addition, by significantly reducing the time required to complete transactions, it also reduces the need for travel, conferences and face-to-face meetings – which also affects the company's carbon footprint.

security and authenticity

Security and authenticity are fundamental pillars of electronic signatures. To ensure that a digitally signed document is legally valid and cannot be forged, several technological mechanisms are applied:

• asymmetric encryption: combines a public key and a private key to ensure that only the signatory can sign the document and that any subsequent changes are detected;
• digital certification: associates the signature with a unique identity verified by a Certification Authority;
• time stamps: record the date and time the signature was made, preventing allegations of subsequent tampering;
• multifactor authentication: combines elements such as biometrics, one-time passwords (OTP) and authentication via SMS or email.

Trusted e-signature platforms such as ZapSign, adopt these practices to offer documents with a high level of integrity, confidentiality and legal validity.

Legal validity of electronic signature in different countries

The legal validity of electronic signatures is not exclusive to Brazil; many countries recognize and regulate the use of this resource in their legislation.

O Brazil It is regulated by Provisional Measure No. 2.200-2/2001 and Law No. 14.063/2020, with an emphasis on the ICP-Brasil digital certificate.

A European Union adopts the eIDAS Regulation, which defines standards for simple, advanced and qualified electronic signatures, recognizing their validity in all member countries.

Our United States, the electronic signature is recognized by the ESIGN Act (Electronic Signatures in Global and National Commerce Act) and the UETA (Uniform Electronic Transactions Act).

O Canada validated by the Personal Information Protection and Electronic Documents Act (PIPEDA).

Na Latin America, countries such as Mexico, Chile and Argentina have specific legislation that guarantees the validity of digital signatures.

Despite widespread acceptance, it is important to note that technical requirements and formalities may vary between jurisdictions. In international transactions, it is recommended to adopt qualified or advanced digital signatures to ensure security and mutual recognition.

Challenges and solutions in the adoption of electronic signatures

Despite the numerous advantages, the adoption of electronic signatures still faces some challenges, especially in Brazil:

• misinformation: many people are still unaware of the legal validity of electronic signatures or confuse them with informal signature processes;
• cultural resistance: there are those who still prefer face-to-face and notarial procedures out of habit or distrust;
• technological infrastructure: some companies or public bodies still lack integrated systems to authenticate documents electronically;
• sectoral legislation: Certain regulated sectors, such as real estate and banking, require extra care to validate the use of electronic signatures.

To overcome these obstacles, the main solutions are:

• invest in digital education for customers and employees;
• to choose certified platforms that guarantee the safety of the process;
• integrate digital signatures into corporate workflows;
• have legal support to ensure process compliance.

By adopting these practices, companies and professionals can fully enjoy the benefits of electronic signatures, promoting agility, savings and security in their routines.

Conclusion

As you can see, the implementation of the electronic signature represents a great advance, both for companies of the most varied sizes and fields of activity, as well as for individuals who, eventually, need to sign a contract to acquire a certain product or service.

We are talking about a technology that, although it gained more acceptance only more recently, has been present and regulated in the country for almost 20 years. Thanks to complex encryption and encoding systems, these signatures have been revolutionizing data security concepts at the most diverse levels.

If you liked this content and want to modernize your company's contractual processes, ZapSign's platform offers the ideal solution for you – click here to learn about our services!