For a long time, the only conceivable way of signing a document was the traditional one, that is, writing by hand on paper. However, times are different and we have several subscription types.
With the technological transformations brought about by the digital age, other forms of contract celebration, such as electronic signature and the digital signature, are already part of a consolidated reality.
This is easily proven when we observe numerous companies and professional sectors that have been widely using these new resources to validate documentation, contracts and financial transactions, as an innovative way to streamline their processes.
With that in mind, we at ZapSign have prepared this complete article to explain everything about what are the types of subscription of documents: from their characteristics and differences, to legal aspects and how to decide which one to use.
The main differences between traditional signature, digital signature and electronic signature
Here, we will talk in more detail about the main differences between what are the 3 types of subscription that exist and are most used by companies that we can classify into: traditional, electronic and digital.
Traditional signature (handwritten)
As we know, the traditional, or physical, signature occurs when two or more parties sign in person, and in their own hand, some agreement defining contractual terms.
Even today, this type of subscription is still widely used, especially by more traditional companies or companies with little investment in technological resources.
Electronic signature
When we talk about electronic signature, we are referring to a broader concept, which encompasses various forms of identification carried out through electronic mechanisms.
Therefore, it is not limited to the signature of an online document, but also to systems of several other types, such as: electronic key, token, biometrics, among others.
Before opting for the electronic signature, it is advisable to pay attention to its particularities: it is usually used to reveal the signer's intention to sign a document, as well as to verify the signed files.
It stands out for presenting different methods of proving the identity of signatories, providing a legal basis for validating signatures. The cost is usually lower compared to digital subscriptions.
Digital signature
Unlike the electronic signature, the digital signature refers more specifically to the physical signature of a document, however done in a digital medium.
In this case, the legal validation is carried out through encryption, which makes a virtual certificate issued by regulatory bodies such as the ICP-Brazil.
Therefore, the main points to be considered when opting for the use of the digital signature are the fact that it has even more security features (due to encryption), authenticity and tracking, in addition to being strongly assured by Brazilian legislation, being authorized by the government or certification body non-governmental organization.
On the other hand, the cost of this type of signature tends to be higher, as its use requires digital certificates from all parties involved.
Note that digital signature and electronic signature are often treated as synonyms. This confusion is common, but, as can be seen, there are important differences between the two types of online subscription, although both have, as a common point, the technological and innovative character, in addition to the purpose of facilitating the processes of recognition and digital signature.
And why use electronic or digital signatures instead of handwritten ones?
While it is true that signatures electronic and digital serve the same function as the handwritten signature, when we stop to compare more closely, it is not difficult to see that online has some significant advantages over traditional.
Therefore, these solutions have been exponentially adopted by companies. Among the main points, we can highlight three that we list below.
cost savings
Thanks to the differential of allowing the entire process to be done over the internet, on devices such as computers, tablets or smartphones, online subscriptions do not require the physical presence of all parties.
And this is precisely where the great advantage lies: if those involved cannot all be together in the same place, the documentation does not need to be sent for everyone to sign.
The document is sent by virtual means, eliminating the usual costs with carriers, motoboys or fuel. And, to top it off, choosing an online solution makes spending on authentication of signatures in notary offices unnecessary.
Agility and practicality
In the same way that the online procedure saves financial expenses, the time factor is also benefited – after all, the entire process takes place more quickly, not to say immediately.
Thanks to electronic and digital signatures, even international contracts can be concluded in an extremely agile and secure way.
Sustainability
In some cases, the use of a traditional signature may even be more appropriate – thus generating printouts of physical documents. The use of electronic signatures or digital signatures, however, significantly reduces the generation of this material, contributing not only to the aforementioned reduction in expenses, but also to the reduction of waste and a greater awareness of the consumption of certain materials - in addition to a better use of workspace space.
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How does the legal validity of electronic and digital signatures work
It is common to think that a contract can only occur in a legally valid when two or more people enter into contractual points and obligations on a paper.
But, in fact, a legal settlement can also take place in other ways. Contracts concluded by electronic means and even verbal agreements are protected by law, as described in Articles 104 and 107 of the Civil Code.
Speaking particularly about electronic documents, their terms of legality are defined by the Provisional Measure 2.200-2/2001:
“The provisions of this Provisional Measure do not preclude the use of another means of proving the authorship and integrity of documents in electronic form, including those using certificates not issued by ICP-Brasil, provided that they are accepted by the parties as valid or accepted by the person to whom the document is opposed.”
Basically, the MP's terms mean that proof of an agreement can be made through a clause in which the parties declare that they are aware that the contract will be signed electronically, and may even be through email messages , SMS, Whatsapp or audio.
Therefore, when one of the parties uses a login and password to access an electronic signature platform, in order to be identified and the document can no longer be modified after being signed, the signature will be considered valid.
Brazilian law provides for a series of jurisprudence that can confirm the legal validity of the electronic signature, such as the APC20140111450486 of the 5th Civil Class of the Court of Justice of the Federal District and Territories:
"The absence of a written contract is irrelevant to prove the obligation, since this formality is not essential for the validity of the expression of will related to electronic contracts, so that the existence of this bond can be demonstrated by other means of evidence admitted in right, in the case of the case, the demonstrative extract of the operation.
In addition, the contract was signed electronically using a personal password for the exclusive use of the account holder, thus the written contract does not exist.”
Apart from all that, other evidence can prove a link, such as: IP addresses, CPF/CNPJ numbers, among others.
ZapSign's electronic signature solution
As you can see, electronic and digital signatures can already be considered as essential practices in a company's documentary routine. There are several specialized platforms in virtual subscription on the market.
Among them, ZapSign stands out for the great differential of allowing you to quickly, simply and extremely intuitively collect signatures both on your computer and on your cell phone – including from simple applications and resources that we use in everyday life. , such as email, SMS, WhatsApp and Telegram.
ZapSign's electronic signature solution also offers different plans, according to the needs of each type of company, and has plans that meet the needs of the most varied types of companies. We list them below.
professional plan
If your flow of collecting signatures per month is usually not very intense, and you don't have many people involved, the professional plan is the ideal choice: it allows you to sign up to 20 documents per month, in addition to inviting up to 5 users to the platform.
complete plan
Here, we have the most suitable plan for those who have a large team dealing with a strong demand for monthly contracts: the full plan allows for unlimited document signing, plus the addition of 10 users in addition to you.
essential plan
If you're still not sure which plan would suit you best, you can subscribe to the essential plan: price quotation, it allows you to sign up to 5 contracts per month, and is perfect for increasing your familiarity with the platform.
Needless to say, the three plans offer full legal validity, in line with everything explained above.
If you're ready to take that next step in managing your documents, feel free to learn more about ZapSign's electronic signature solution by clicking here!
