After all, does a scanned signature have legal validity? Find out the answer

A scanned signature, which consists of digitizing a handwritten signature, is a common practice in various everyday situations, especially in the current context, in which the documentary process is increasingly taking place within electronic.

However, despite the undeniable convenience offered by this practice, doubts arise about its legal validity. After all, is a scanned signature really enough to guarantee the authenticity of a document? 

In this article, we will detail the legal nuances behind the scanned signature and understand under what circumstances this subscription type can be considered valid before the law.

Scanned signature vs electronic signature

First of all, it is important to start by explaining what characterizes a scanned signature and what differentiates it from an electronic signature.

Basically, a scanned signature is a digitized version of a handwritten signature, which can be obtained through different methods, such as using a scanner or even capturing a photograph of the signature with a camera. smartphone. 

The resulting file, usually in image format, is then inserted into electronic documents such as contracts, forms, declarations and other types of documents that require a signature to formalize consent or acceptance of terms.

Although this is a very convenient practice, especially nowadays, it has significant limitations with regard to its legal validity. 

Unlike electronic signatures, scanned signatures do not offer robust authentication mechanisms such as encryption or reliable ways of verifying the signer's identity – meaning that in many cases the authenticity of a scanned signature can be questioned, and the their use may not be considered sufficient to guarantee the security and legal validity of a document.

Therefore, despite its practicality, one cannot ignore the importance of evaluating in which situations this type of signature is appropriate and in which others it becomes necessary to resort to safer alternatives, such as electronic signatures.

In contrast, electronic signatures, regulated by Provisional Measure No. 2.200-2/2001, offer an additional layer of security and legal validity. This provisional measure created the Brazilian Public Key Infrastructure (ICP-Brazil), which guarantees the authenticity, integrity and legal validity of electronic documents through digital certification. 

Unlike a scanned signature, an electronic signature uses encryption to unambiguously associate the signatory with the document, protecting against fraud and tampering.

Provisional Measure No. 2.200-2/2001 establishes that the electronic signature, when carried out within the ICP-Brazil standard, has the same legal validity as a handwritten signature. In other words, unlike a scanned signature, which can be questioned in terms of authenticity, an electronic signature offers a much higher level of legal confidence. 

In a judicial proceeding, for example, the validity of a scanned signature can be challenged, while an electronic signature, supported by legislation, is unlikely to be questioned.

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When is the scanned signature valid or not?

Depending on the situation, the scanned signature may or may not be legally accepted. Therefore, it is imperative that the risks and formality required by the document are assessed before opting to use a scanned signature. Below, we highlight the main circumstances observed in both cases.

Acceptable use cases

A scanned signature can be a viable option in informal contexts or in situations where legal requirements regarding the form of signature are not strict. Its use is especially practical when the focus is more on convenience than on legal certainty.

Internal correspondence

In the corporate environment, scanned signatures are widely used in internal communications. Memorandums, letters between departments, communications and other informational documents generally do not require a high level of legal formality. 

In these cases, the scanned signature serves the purpose of identifying the issuer without the need for more complex processes, such as a physical or electronic signature. The simplicity and speed of this method make it ideal for day-to-day business use.

Declarations of agreement

Another scenario in which a scanned signature may be acceptable is in declarations of agreement or acknowledgment. For example, when an employee needs to confirm that they have received and read a new internal policy or software updates, the scanned signature can be used. 

In these situations, the main function of the signature is to record that the document was received and understood, without the need for strict authentication. Because there are no significant legal implications, this type of signature is generally considered sufficient.

Low risk documents

Scanned signatures may also be appropriate in low-risk contracts or agreements, where the value involved is modest and the parties involved have a relationship of mutual trust. Examples include simple contracts between freelancers and clients, routine service agreements, or consents to routine procedures. 

As long as the parties are aware of the potential risks and agree to the use of a scanned signature, this method can be used without major concerns. However, it is important that everyone involved is comfortable with the level of security offered and aware that, in cases of dispute, the authenticity of the signature can be more easily challenged.

Contexts in which the scanned signature is not valid

Although the scanned signature can be useful in less formal situations, there are contexts in which its use can be considered invalid and even dangerous from a legal point of view. 

In situations like this, resorting to a scanned signature can expose the parties involved to significant legal risks, compromising the validity and security of the document.

High value contracts

In contracts that involve significant financial transactions, such as the purchase and sale of goods, loans, or investments, a scanned signature is not recommended. Therefore, the authenticity and legal validity of the document are crucial to guarantee the protection of the parties involved. 

A scanned signature does not offer the necessary security, as it can be easily manipulated or challenged. Therefore, electronic signature is the best option. It provides a certification that ensures the identity of the signatory and the integrity of the document, giving it full legal validity.

Legal and notarial documents

For documents that require a high degree of authenticity and verifiability, such as real estate deeds, wills, or powers of attorney, a scanned signature is inappropriate. 

These types of documents generally require notarization or another type of formal validation that can only be obtained with a physical signature or certified electronic signature. 

The authenticity of these documents is essential, and any doubt about the veracity of the signature may invalidate them, causing potential legal and financial losses.

Court lawsuits

In legal proceedings, the validity and authenticity of documents are of utmost importance. Petitions, contracts and other documents presented as evidence in court must be incontestable. The scanned signature, by its nature, can be easily questioned and does not provide a reliable record of the signer's identity. 

The electronic signature, by using encryption to guarantee the integrity and authorship of the document, offers robust and legally accepted proof. The use of scanned signatures in court documents may compromise the effectiveness of the defense or argument presented.

Transactions with the government

Government procedures, such as tenders, contracts with public bodies, or the submission of tax returns, require a high level of security and legal compliance. Electronic signatures are widely accepted and required in these contexts, as they guarantee the authenticity and integrity of the documents presented. 

Using a scanned signature in such transactions may result in rejection of the document or legal challenges, putting the success of the transaction and the credibility of the parties involved at risk.

We can conclude, therefore, that the scanned signature, although convenient and widely used in informal contexts, has significant limitations in terms of legal validity. In situations that require greater security and authenticity, such as high-value contracts, legal documents or government transactions, a scanned signature can be easily challenged and does not offer the necessary protection.

On the other hand, the electronic signature, duly regulated by Provisional Measure No. 2.200-2/2001, guarantees the integrity and authenticity of documents, providing much greater legal security. 

Therefore, when dealing with important documents, it is highly recommended to use electronic signature to avoid legal risks and ensure that all agreements are duly recognized by law.

ZapSign: electronic signature with legal validity

If, after reading this article, you have decided to look for a reliable solution to integrate electronic signature to your processes, ZapSign offers, without a doubt, the ideal choice. 

Our platform allows you to perform electronic signatures in a simple, fast and completely secure way, ensuring that all your documents comply with legal requirements. 

This is because ZapSign uses digital certification to ensure the authenticity and integrity of your contracts and agreements, protecting your transactions against fraud and manipulation.

Additionally, ZapSign's intuitive interface facilitates the adoption of electronic signatures across different sectors and business sizes, making the signing process more efficient and accessible. 

With our specialized solution, you can focus on what really matters, while the platform takes care of the security and legal validity of your documents. Click here now to learn more about how ZapSign can transform the way you sign and manage your documents!