What are the types of electronic signatures and when to use them?

In the middle of the digital era, technological transformations are present everywhere, influencing the most diverse sectors of our society, including electronic signature types. 

In the corporate world, these effects are felt significantly, with management processes constantly being updated. The main companies in the market already understand the need to acquire tools that improve the execution of their services, optimizing the public's perception of their value and improving the results obtained. 

Faced with this scenario, it becomes impossible not to talk about solutions such as electronic signature. Throughout the reading of this article, you will be able to solve all your doubts about the concept and the different types of electronic signature, as well as its legal validity. Let's go!

What is electronic signature?

Essentially, electronic signature is an objective and efficient way to obtain third party approval or consent by recognizing your identity via digital means. By ensuring legal validity, it offers an equally secure, verifiable alternative to the traditional handwritten signature, facilitating the signing of documents and contracts.

In this way, it becomes possible to dispense with the various processes involved in manually signing a document, such as trips to notary offices and sending papers by mail, making the signing procedure occur in an agile, simplified and optimized way.

This concept extends to other forms of recognition, such as, for example, the biometric recognition of ATMs, in which the user inserts his finger into the optical sensor, the tokens used in services provided over the Internet and even the execution of logins on certain websites. from a personal password.

We conclude that, while in analog times the most common form of personal recognition was the signature, current times open up the range of options, facilitating both the formalization of agreements and the hiring of employees, suppliers and customers.

In times of home office, this represents a strategic benefit, since, with the necessary tools, it is no longer necessary for people to be in their offices to sign the documents that prove the new partnership or contract.

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What are the three types of electronic signature

A Law number 14.063 of the Brazilian Legislation, in its own words, “provides for the use of electronic signatures in interactions with public entities, in acts of legal entities and in health matters and on software licenses developed by public entities, with the objective of protecting the personal and sensitive information of citizens (...), as well as to attribute efficiency and security to public services provided mainly in an electronic environment”.

According to the terms of that law, there are three different subscription types electronics: simple, advanced and qualified. Below, we will talk about each of them.

1. Simple electronic signature

This type of electronic signature allows the document signer to be identified without the need to use a digital certificate, which is done by associating a series of electronic data with a set of other data associated with it, such as: 

• ID;
• CPF;
• PIN;
• fingerprint;
• facial recognition;
• digitized version of the manual signature;
• passwords;
• token;
• geolocation;
• e-mail;
• and others.

A practical example is the use of a facial recognition device for a person to obtain approval for their entry into a certain restricted access place. 

In these cases, the system associates the entered data (in this case, the person's face) with data previously registered in its database, in order to grant access.

2. Advanced electronic signature

This is another type of electronic signature, in which the security levels are more robust.. Advanced electronic signature makes use of other forms of identity certification than certificates issued by ICP-Brazil, such as a corporate digital certificate or other means that prove the authorship and integrity of documents in electronic format.

Precisely because it uses a digital certificate, the advanced electronic signature can also be considered a digital signature – contrary to what happens in the case of a simple electronic signature.

Here, the user's electronic signature is created with data that he can operate under exclusive control, so that further modifications will be easily detectable. 

As a common example, we can cite mainly online document signatures in platforms who have their own resources proving that it was actually the person designated as a party who signed them.

It is important to point out that, even without using ICP-Brasil digital certificates, the advanced type electronic signature has legal validity, as its regulation was established by MP 2.200-2/2001.

3. Qualified electronic signature

The third type of electronic signature is the so-called qualified electronic signature. This category concerns all those that use a digital certificate issued by ICP-Brasil, that is, the Brazilian Public Key Infrastructure system – that is, this type of signature is granted the maximum level of qualification.

ICP-Brasil is a national digital certification system. The body was created by Provisional Measure 2.200-2 of 2001, made official by Decree 3.996 of 2001 and Law 11.419 of 2006. 

In its structure, ICP-Brasil has certification authorities that, based on a cryptographic system based on digital certificates, ensure the identity and authenticity of a user who uses an electronic means to perform actions such as signing a document online.

What are the benefits of electronic signature for companies?

The electronic signature brings numerous benefits to its management. Below, we highlight the main ones.

Reduced costs

The accession of Electronic signatures represent a significant advantage from a financial standpoint.This is because investments in printing materials are cut. Extra expenses with postal services, couriers, and transport companies are also eliminated, since the back-and-forth of documents becomes unnecessary.

administrative organization

While the storage of printed documents demands physical space (which can range from a simple closet to an entire room), ordering the file on an electronic platform facilitates not only the issue of space management, but also access to documents. After all, the search features make it possible for them to be found easily.

Agile

The electronic signature provides agility to the processes of formalizing agreements, which is extremely compatible with current market dynamics and facilitates the increase in the number of hires per month.

Student Exchange

Since the electronic signature can be performed from anywhere, it no longer matters whether the signatory is in his office, on the street or on a trip – these factors no longer represent an impediment to actions that could only be performed in person.

Safety

The electronic signature gives credibility to all parties involved, since there is legal support in the procedure.

Less bureaucracy

The traditional signature involves a lot of bureaucracy, especially when it requires a notarized signature. The electronic signature skips these steps, making the process more fluid and objective.

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How does the legal validity of the electronic signature work?

Some people think that contracts only have legal validity when the signature is made by all the signatories, in their own hand, which makes them question whether the electronic signature is valid. The answer is yes and we will explain why.

Brazilian law says, in articles 104 e 107 of the Civil Code, that any type of contract is valid as long as it is complete and authentic, that is, that it does not present changes made after the parties have entered into an agreement.

This means that even verbal contracts are valid. So if you've ever arranged a job or condition with someone in front of a witness, that's a contract and it has validity. Thus, with electronic documents it could not be different.

A Provisional Measure 2.200-2/2001, gives the legal guarantee of the electronic signature, as it enables the use of any means that prove the authorship and integrity of electronic documents, regardless of whether they have a digital certificate.

When using a platform like ZapSign, you need to enter your personal data before proceeding with the signature, and there is no possibility to modify the document after it is signed, which makes the signature valid.

Furthermore, we have in national jurisprudence the appeal APC 20140111450486 of the 5th Civil Panel of the Court of Justice of the Federal District and Territories. She affirms the irrelevance of the written contract with the purpose of proving bond, which reinforces the validity of the electronic signature and demystifies the thought that only physical documents are valid before the law.

As you can see, regardless of which type of electronic signature is used, the tool not only brings advantages from a practical and operational point of view, but also with regard to data security and legal validity - therefore, if you haven't yet makes use of this feature in your company, maybe this is a good time to consider this possibility.

That's why we invite you to get to know ZapSign's specialized platform – for that, just click here!