Digital transformation has shaped the daily lives of people and companies, redefining the way contracts and documents are drawn up and signed. In this scenario, Law No. 14.063/2020, also known as law of digital signature, brought important regulations to guarantee legal security and efficiency in the use of electronic and digital signatures in Brazil.
In this article, we will address the main aspects of this legislation that has become essential for validating online transactions – from the three types of signatures recognized by the legislation and the legal criteria that guarantee their validity to the role of the Brazilian Public Key Infrastructure (ICP-Brasil) as a pillar of security and regulation.
Continue reading until the end to better understand how this law works and how it benefits companies and citizens by simplifying processes, reducing bureaucracy and strengthening legal security in digital transactions.
Definition of electronic and digital signature
Before understanding the details of the digital signature law, it is essential to clarify the difference between electronic signature and digital signature – two concepts that, despite being related, have distinct characteristics and applications.
This understanding is of fundamental importance in order to identify the modality most suited to the needs of each situation.
Electronic signature
A electronic signature is a broad concept that encompasses any method used to identify a signatory or express the intention to sign digitally – which includes different technological resources, such as the use of passwords and PINs, authentication codes sent by SMS or email to confirm identity, and biometrics, which includes fingerprints, facial or iris recognition.
This type of signature is commonly applied in situations that do not require high levels of security or rigorous authentication, and is widely used in everyday transactions, such as accepting terms and conditions, sending service orders or internal approvals in corporate environments.
Digital signature
Digital signatures, in turn, are a specific category of electronic signatures that use advanced cryptographic technologies to ensure the integrity, authenticity and non-repudiation of signed documents. They work through a pair of cryptographic keys (one public and one private), linked to a digital certificate issued by a Certification Authority (CA).
In Brazil, digital signatures follow the standards of Brazilian Public Key Infrastructure (ICP-Brasil), which regulates the issuance and use of these certificates. Due to its high level of security, digital signatures are often required for documents that require greater reliability, such as financial contracts, public deeds and legal proceedings.
The main difference between these methods is the level of security and legal validity. While electronic signatures offer flexibility and practicality, digital signatures provide a high level of protection against fraud and are widely recognized in situations that require greater rigor.
💡 Tip! Need a free digital signature? Click here and create yours now!
The three types of electronic signature provided for by law
The digital signature law establishes three categories of electronic signatures, each with specific requirements and applications. This classification allows the level of security and reliability to be adapted according to the nature of the document and the context in which it will be used. Knowing these types helps you choose the most appropriate option for each need.
simple electronic signature
The most basic and accessible type is designed to identify the signatory in a functional manner, without relying on complex authentication methods. This category is widely used in low-risk contexts, such as accepting terms and conditions on websites or applications, approving administrative tasks with lower impact, and confirming services performed on digital platforms.
Despite being practical and easy to implement, the simple electronic signature is not recommended for documents that require high levels of protection against alterations or falsifications, limiting its use to simpler and more routine situations.
Advanced electronic signature
A advanced signature provides a higher level of security by establishing a unique link between the signatory and the signed document. Using technologies that allow verify Any modification made to the file after signing ensures the integrity and reliability of the document.
This is an appropriate option for moderate-risk situations, in which the security of the document and the identity of the signatory need to be guaranteed, but without the need for certification issued by regulatory authorities. In other words, medium-sized contracts, such as leases and service provision, formal authorizations in internal company processes and agreements in commercial negotiations.
Qualified electronic signature
The qualified signature is the most secure and robust type established by law. To use it, a digital certificate issued by a certification authority linked to ICP-Brasil, which ensures a high level of authenticity and integrity.
Due to its technical and legal rigor, the qualified signature is applied to documents that require greater protection and legal recognition, such as financial or banking contracts, public deeds and powers of attorney, in addition to official documents required by government agencies.
This type of electronic signature offers full presumption of legal validity, equivalent to that of a handwritten signature, and is widely recognized in judicial and administrative proceedings.
The importance of ICP-Brasil in digital signature
The ICP-Brasil (Brazilian Public Key Infrastructure) plays a key role in regulating and securing the use of digital signatures in the country. As the entity responsible for managing and supervising certification authorities, it ensures that the digital certificates issued are reliable, following strict security and legal validity standards.
Through ICP-Brazil, digital certificates used in qualified signatures receive official recognition, ensuring that they are aligned with legal and technical requirements. This is an essential standard for documents that require a high level of protection, such as bank contracts, public deeds, powers of attorney and administrative acts carried out by government agencies.
Adherence to the ICP-Brasil model is mandatory in situations that require indisputable authenticity and integrity of the signed document. The infrastructure ensures that digital signatures made in this format are legally valid throughout the national territory and offers protection against fraud, since it combines advanced encryption technologies and reliable verification systems.
➡️ ICP-Brasil: how the Brazilian National Digital Certification System works
➡️ How to sign contracts on WhatsApp electronically
➡️ What is a digital contract and how to adopt one for your company
Benefits of the digital signature law in Brazil
The digital signature law represents an important step forward by establishing clear rules for the use of electronic and digital signatures in Brazil. This regulation meets the demands of an increasingly connected world and provides significant advantages for both companies and citizens, as outlined below.
Modernization of bureaucratic processes
A legislation facilitates the replacement of traditional paper-based processes with digital alternatives, providing greater agility in the signing and processing of documents – which is especially useful in corporate and government environments, where bureaucracy can be an obstacle to efficiency.
Legal validity assured
By regulating the use of electronic and digital signatures, the law provides legal certainty, ensuring that digitally signed documents are accepted in various situations, such as contracts, commercial agreements and administrative acts. This clarity eliminates uncertainties regarding authenticity and validity of these documents.
Accessibility and economy
The ability to sign documents remotely benefits companies and individuals by reducing costs associated with printing, transporting and physically storing files. The legitimacy guaranteed by the digital signature law consolidates this saving of resources and makes processes more accessible to different user profiles, simplifying the overall document management landscape.
Sustainability
The regulation of digital signatures directly contributes to the preservation of the environment by reducing paper consumption and the need for logistics associated with the use of physical documents. This change aligns with sustainable initiatives and efforts to mitigate the environmental impact of business and personal activities.
Enhanced Security
Digital signatures increase security in document authentication and validation processes through the use of advanced encryption and security protocols that guarantee data integrity and the identity of the signatory. This prevents fraud and other cyber threats, ensuring that documents are not altered or manipulated after signing.
Efficiency and agility
Digital signatures provide a faster approval cycle, allowing parties involved to complete transactions more quickly. In a corporate context, this speed can represent a significant competitive advantage, accelerating negotiations and facilitating market adaptation.
How to apply digital signatures in everyday life
Companies and professionals can implement digital signatures in different situations, such as contracts service provision, commercial agreements and internal processes. With specialized platforms, such as ZapSign, it is possible to integrate digital signature into the workflow in a simple and secure way.
ZapSign is a solution that facilitates the use of digital and electronic signatures, providing efficiency and security at each stage of the process. Its compliance with Brazilian legislation ensures that signed documents have recognized legal validity.
The digital signature law in Brazil represents a milestone for the modernization and security of digital document signing processes. By defining clear criteria for simple, advanced and qualified signatures, this legislation promotes trust and efficiency for companies and citizens.
If you want to ensure security and legal validity in your document and contract management, be sure to click here to learn more about ZapSign.
Getúlio Santos is the CEO of ZapSign, a lawyer, technology enthusiast, and entrepreneur.
