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Use Cases for eSignatures ?

Use cases where an SES is typically appropriate include:

• Low risk Agreements: Simple electronic signatures can be used to sign low-risk agreements, provided that both parties have consented to the use of electronic signatures and the signature is attributable to the signatory.
• Non-disclosure agreements: non-disclosure agreements can also be signed using simple electronic signatures, as long as the parties involved have agreed to the use of electronic signatures.
• Service contracts: Simple electronic signatures may be valid for service contracts, such as consulting agreements or service level agreements, provided that both parties have agreed to use electronic signatures and the signature is attributable to the signatory.

Use cases for Qualified Signatures ?

Use cases where AES/QES is typically appropriate include:

• Powers of attorney: An advanced electronic signature may be valid for powers of attorney, allowing someone to act on behalf of the signer, as long as the signature is uniquely linked to the signer and the signature is attributable to the signatory.
• Sales contracts: Simple electronic signatures may be valid for sales contracts, such as purchase orders or sales agreements, provided that the parties have agreed to use electronic signatures and the signature is attributable to the signatory.
• Invoices: Advanced electronic signatures can be used to sign invoices, provided that the signature is attributable to the signatory and the invoice is issued in compliance with the applicable regulations.
• Banking and financial documents: Advanced electronic signatures may be valid for banking and financial documents, such as loan agreements and bank guarantees, as long as the signature is attributable to the signatory and the other legal requirements are met.
• Government and official documents: Advanced electronic signatures can be used for signing government and official documents, such as tax returns and customs declarations, as long as the signature is attributable to the signatory and the other legal requirements are met.

Use Cases that are not appropriate for Electronic Signatures

Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (eg. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.

• Notarization – real property title deed transfer
• Notarization – granting a power of attorney
• Notarization – signing the Articles of Association of a company with limited liability and any amendments thereof

“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made

[1] An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.

[2] A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.

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