Electronic Signatures

What We Do

ccording to ECT Act, there are two categories of electronic signatures:

Standard electronic signatures

The standard electronic signature main include virtually any digital or scanned signature, an in the opinion of eValidate are not that secure, and are often referred to as non-secure signatures, for this very reason.

Advanced electronic signatures

eValidate promotes the utilisation of Advanced Signatures. The eValidate solution combination includes the x509v3 or equivalent digital certificate attachment to the electronic signature, as this provides the irrefutable proof of who actually affixed their signature.

The inclusion of the x509v3 or equivalent digital certification confirms the identity of the individual through commissioner of oaths individual face to face verification of individual as well as governmentally issues identity documentation.

FAQ

Our Most Frequently Asked Questions

What is an eSignature

An e-signature, or electronic signature, is a legal manner to obtain consent or approval on electronic documents or forms. It can replace a handwritten signature in virtually any process which has evolved from a hard copy environment to digital.

What are the benefits of eSignatures

Legally Binding

e-signature, or electronic signatures are legally valid, binding and enforceable in almost every indistrialised country globally.

Act No 25, 2002 Electronic Communications and Transactions Act 2002

e-signature

Speed up transaction process and closure time frames by having participants sign digital documents with eSignatures.

Cost benefits

Reduce expenditure on paper ink and toner late submissions client loss.

What are eSignatures used for

eSignatures are utilised for any requirement needed to sigh a digital document or workflow. the usage environments are andless with sectional signing of specific parts of contracts, documents, emails and data bundles, allowing for true digitisation of processes within organisations.

Are eSignatures Legally Binding

Yes, in 2002 the South African Government signed the Act 25, 2002 Electronic Communications and Transactions Act 2002, making eSignatures legal for virtually any use. Similar acts have been passed in the United States, Europe and around the globe, making eSignatures a legal, reliable manner to have digital environments legally signed.

Increase business process closure

Reduction in human intervention in a workflow allows for participating parties to receive the documentation of workflow in a timeous manner, with the elimination of bottle necks created by delays in delivering hard copy documents and processes within a workflow environment efficiency is sped up resulting in a reduced closure time frame.

Increase efficiency

Increase client satisfaction and retention

Introducing the ability for participating individuals to electronically sign off processes, workflows as well as general documents increases efficiency within an organisations environment exponentially.

With the eSignature ability, participants are able to counter sign or sign off from anywhere in the world, as long as they have internet connectivity and access to the environment the process is not held up.

Human bottlenecks are eliminated increasing the closure rate of processes as well as workflow environments, activities which all relay to client satisfaction and retention.

Sign from anywhere

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Highly secure

Electronic signatures in our geographical environment

ECT ACT

As Southern Africa and Africa as a whole embraces the digital age being ushered in, more organisations are moving to digital workflow structures, which ultimately requires electronic signature attachment to remain in a digital state verifying document or process integrity whilst increasing accountability.

Many organisations have expressed reservations and concerns pertaining to the legality of electronic signatures within the digital workflow process environments, in accordance with Act No 25, 2002 Electronic Communications and Transactions Act 2002:

Chapter III

Facilitating Electronic Transactions

Part 1

Legal Requirements for data messages

Legal recognition of data messages 11.

Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of. data massage.
Information is not without legal force and effect merely on the grounds that is not contained in the data message purporting to give rise to such legal force and effect, but is merely referred to in such data massage.
Information incorporated into an agreement and that is not in the public domain is regarded as having been incorporated into a data message is such information is-

a) referred to in a way in which a reasonable person would have noticed the reference thereto and incorporation thereof; and

b) accessible in a form in which it may be read, stored and retrieved by the other party, whether electronically or as a computer printout as long as such information is reasonable capable of being reduced to electronic form by the party incorporating it.

Writing 12

A requirement in law that a document or information must be in writing is met if the document or information is-

a) in the form of a data message; and

b) accessible in a manner usable for subsequent reference

Signature 13

Where the signature of a person is required by law and such law does not specify the type of signature, that requirement in relation to a data massage is met only if an advanced electronic signature is used.
Subject to subsection (1). an electronic signature is not without legal force and effect merely on the grounds that it is in electronic form.
Where an electronic signature is required by the parties to an electronic transaction and the parties have not agreed on the type of electronic signature to be used, that requirement is met in relation to a data message if-

a) method is used to identify the person and to indicate the person’s approval of the information communicated; and

b) having regard to all the relevant circumstances at the time the method was used, the method was as reliable as was appropriate for the purpose for which the information was communicated.

Where an advanced electronic signature has been used, such signature is regarded as being a valid electronic signature and to have been applied properly, unless the contrary is proved.
Where an electronic signature is not required by the parties to an electronic transaction, an expression of intent or other statement is not without legal force and effect merely on the grounds that-

a. it is in the form of a data message; or

b. it is not evidenced by an electronic signature but is evidenced by other means from which such person’s intent or other statement can be inferred.

Original 14

Where the law requires information to be presented or retained in it’s original form that requirement is met by a data message if-

a. the integrity of the information from the time when it was first generated in it’s final form as a data message or otherwise has passed assessment in terms of subsection (2); and

b. that information is capable of being displayed or produced to a person to whom it is to be presented.

For the purpose of subsection 1(a), the integrity must be assessed-

a. by considering whether the information has remained completed and unaltered, except for the addition of any endorsement and any change which arises in the normal course of communication, storage and display;

b. in the light of the purpose for which the information was generated; and

c. having regard to all other relevant circumstances.