In today's times, it is necessary to modernize internal processes in order to facilitate the collection of information in the management of a company. Thus, the digitization of a business includes the issuance of documents that must no longer be physical to be electronic. However, this raises a question in the minds of many people: there is legal validity of electronic signature?
The answer is yes, but as there are still many doubts that perpetuate the theme, we at ZapSign decided to write this article that tells in detail how this validity works and how you can count on the electronic signature service in your business.
What is the difference between a physical and online subscription?
A physical signature is known by all and widely used by more traditional companies, because it is about two or more parties signing in person and in their own hand a document that clarifies its contractual obligations and duties. already the online subscription has the same function, with the difference that the entire process can be done over the internet.
The physical document requires more steps if the people involved are not together in the same place to sign, as it needs to be sent by a carrier or motoboy for everyone to sign, which ends up being a more costly and time-consuming procedure.
On the other hand, the online document is sent by digital means so that the signature can be collected quickly and efficiently on the computer or cell. When we talk about online subscription, we basically refer to two types: electronic and digital.
Are electronic and digital signatures the same thing?
As the names are similar, this leads some people to think that electronic and digital signatures are synonymous, but in reality, are not.
To make this clear, let's look at the concept of each one. Electronic signature is a broader term, as it encompasses various forms of identification performed via electronic mechanisms.. Therefore, it is not just about signing an online document, but also to other systems such as electronic key, token, biometrics, among others.
Already digital signature equivalent to the physical signature of a document, however done in digital media. In this case, the legal validation is carried out by means of encryption, which makes a mandatory virtual certificate issued by regulatory bodies such as the ICP-Brazil.
These are the basic differences between electronic and digital signatures, and the common point between them is to facilitate the processes recognition and digital signature. However, as the subject of this article is focused on electronic signature, we will follow the text with a focus on it.
What are the types of electronic contracts?
Before talking about the legal validation of the electronic signature, let's try to know which types are most used in the market.
personal contract
This is a person-to-person type of contracting where the parties involved use digital to enter into commitments as a contractor and contractor.
It is widely used to provide services between individuals or even by companies operating in the B2C line. Examples: a dealership that sells an automobile or an electronics store that sells an item such as a refrigerator or stove to an individual.
Interactive contract
This contracting model happens between people and systems. The most recurrent example occurs when someone hires a service from a electronic platform such as online courses or the terms and conditions that we all need to agree to by reading and clicking an accept button – very common in software and applications.
intersystematic contract
As the name implies, it is a type of contract that occurs from system to system. In this case, it is necessary to program the machine so that it performs contractual actions that are of interest to the company. For example: robots that participate in auction sites and buy the best deals as soon as they come out faster and more efficiently than a human.
What are the steps to make an electronic signature?
To perform electronic signatures on documents, you must first register on a platform that offers this service. THE ZapSign is one of them and allows you to do it in a few steps in a simple and fast way.
Signing a document electronically is a process comprised of the following steps:
- after logging into the platform, upload the document to be signed in doc or pdf format;
- add the people who will have to sign it from their full names and email address;
- determine what the roles of the signatories are, whether they will sign the document as a party or witnesses, for example;
- click the button to submit the contract and people will receive the link to e-sign.
When everyone receives the link, they should open it, register on the platform (if they haven't already) and click on the sign button for the document to be signed.
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But, after all, what does the law say about the validity of electronic signatures in Brazil?
In case you wonder what the legal validity of the electronic signature is, it has been regulated in Brazil since 2001 and brings the legal guarantee to electronic documents.
To understand the legal validity of contracts in Brazil, we need to know what the laws understand as a contractual relationship in the country. Some people think that a contract occurs only when two or more people sign a paper with the contractual points and obligations. But not only that.
As you can see so far in this article, a contract can also take place electronically. Nevertheless, even verbal agreements are contracts. All of them, in principle, have legal validity in accordance with Brazilian legislation, specifically the articles 104 e 107 of the Civil Code.
So, no matter which way you choose, if the contract is complete and authentic, that is, it has no changes and is proven to be agreed upon by the parties, it is valid.
Electronic documents, in particular, are legally guaranteed by the Provisional Measure 2.200-2/2001. As we said, the electronic signature has several formats, which makes this MP important, as it does not deprive the use of any means of proving the authorship and integrity of the electronic documents, which includes those not issued by ICP-Brasil.
Therefore, when using a platform electronic signature that requires login and password to identify the people who are signing, as well as the impediment to modify the document after it has been signed, it will be valid. Therefore, it is valid to sign a contract using electronic signature.
What does Brazilian jurisprudence say about electronic signatures?
There are several jurisprudence confirming the legal validity of the electronic signature, an example, very didactic is appeal (APC 20140111450486 of the 5th Civil Class of the Court of Justice of the Federal District and Territories), which states that the existence of a written contract to prove a bond is irrelevant, so that the validity can be applied to various forms of contractual relationships, including electronics.
The same appeal says that if a document was signed from means of personal use and that has an identification system, this reinforces the need for a written document.
Therefore, when signing a document electronically, validity exists once you can prove the authenticity and integrity, hence the importance of choosing the most efficient platform.
If even a verbal agreement that could take place, for example, at a bar table, with a legitimate pact between the parties (in addition to witnesses who witnessed the treatment) is legally valid in terms of contract, with an electronic signature the situation could not be different.
So, if you still have concerns about deploying digital documents in its management, we have just shown that this should not even be a concern.
After all, in addition to having an electronic signature platform that offers the service, there is other evidence that proves the link between the parties, such as: IP address used to access the document, CPF number used in the registration, password, among others that make contracting legitimate in legal proceedings.
How to hire ZapSign's electronic signature service?
ZapSign is a company that offers the electronic signature service and has a very important differential: simplicity so that you, in a few steps, collect signatures on both your computer and mobile (including in applications that we use on a daily basis such as WhatsApp).
So, you know that person you are already in contact with through digital means – such as email, SMS or Telegram – and need to collect their signature to proceed with the process? This can be done by ZapSign so that the parties do not have to wait long for the contractual process to be completed and also eliminates the need for printers, transporters and motoboys.
What are ZapSign's plans?
ZapSign has plans that meet the needs of the most varied types of companies.
O professional plan it is ideal for those who do not need to collect many signatures per month and have few people involved in the process. Thus, it allows you to sign up to 20 documents per month and invite up to 5 users to the platform.
On the other hand, if you have a very high demand for contracts that must be signed and a larger team that performs this work, the full plan will serve you better because it allows signing unlimited documents and adding 10 more users besides you.
If you're still not sure which plan to start with, how about a sample of the product? The essential plan is free and allows you to sign up to 5 contracts per month.
Of course, all plans have the legal validity of the electronic signature as presented in this article. We hope that your doubts on the subject have now been resolved and that you are ready to take the next step towards this document management format.
If you want to know at a personal level how it can work in your business, how about we have a chat about it? Feel free to click here to speak with a ZapSign eSignature expert!
