Frequently Asked Questions - InTouch Esignatures

How do I setup esignatures on InTouch?

Please visit the help section of InTouch for detailed help on how you setup and configure the esignatures. To access the help section please ensure you are logged in to InTouch

Are electronic signatures legally binding?

Legislation differs slightly between jurisdictions and there are certain cases where wet signatures are still required. Check with the regulator in your jurisdiction.

Are esignatures reliable?

A good esignature solution should be considered both safer and more trustworthy than wet signatures - especially if signing remotely due to;

• Authentication - the receiver of a signature request is required to sign in and authenticate themselves, e.g. using their email address
  • This means that the signee has validated that they are the intended recipient
• Integrity - once a signature for a document has been requested, the original document cannot be changed/swapped or tampered with
  • This means that signee is only able to sign the document you intended for them to sign
• Non-repudiation - satisfaction, in a legal sense, about where the electronic signature has come from making them stronger
  • This means that there is additional information strengthening the validity of the signature

How will my practice benefit from esignatures?

The benefits of implementing esignatures are many;

• Provides instant communication - speeding up transaction
• Removing postage and administrative time - reducing cost
• Enabling customers to sign documents whenever and wherever they prefer - Improving client experience
• Removing manual process steps through automation - Increasing process efficiency
• Provides signature authentication - Increasing the reliability of the signature

What is the difference between Simple, Advanced and Qualified Electronic Signatures?

There are three levels specified by the EU;

• Simple Electronic Signature (SES) - This is the lowest level and an email signature could be classified as meeting this requirement e.g. Golden Ocean Group v Salgaocar Mining
• Advanced Electronic Signature (AES) - requires an act of signing and verification of the identity of the signatory e.g. through a third party such as email or a portal
• Qualified Electronic Signature (QES) - Same as the Advances standard but identification are through specific jurisdiction approved resources.

You can read more on the ICO website here about the different types of esignatures.

What level of esignature is the InTouch solution?

Our solution fills the requirements for Advanced Electronic Signature, or AES, which is sufficient for most types of legally binding documents and is often spoken about as the electronic equivalent of a handwritten signature.

To fulfill AES requirements as defined by the eIDas regulation, Article 26, there are four main requirements which needs to be met:

• it is uniquely linked to the signatory;
• it is capable of identifying the signatory;
• it is created using electronic signature creation data that the signatory can, with a high level of confidence, use under his sole control; and
• it is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

These are all fulfilled by our solution through authentication through their email, the InTouch portal and finally the signature which is backed up by;

• Time-stamps
• Document specifics
• IP address and IP address location

The solution is more specifically a PDF Advanced Electronic Signature, also known as PAdES, aligning to both ISO-32001 and ETSI TS 102 778-1 standards.

What legislation covers electronic signatures?

Depends on the jurisdiction, below are a few examples

• UK - Electronic Communications Act 2002 - Also see EU regulation below adopted on July 2016, backed up further by case law e.g. Golden Ocean Group v Salgaocar Mining
• EU - Regulation (EU) No 910/2014 also known as eIDAs
• Australia - Electronic Transactions Act 1999
• Jersey - The Electronic Communications (Jersey) Law 2000 (the “EComms Law”)
• Guernsey - Electronic Transactions (Guernsey) Law, 2000
• Isle of Man - The Electronic Transactions Act of 2000

Are wet signatures still required?

Please note: The below guidance was correct at the time of writing and to the best of the authors understanding. No warranties are made to their accuracy or completeness.

Australia

Electronic Transactions Act 1999 establishes esignatures as legally binding. Use of esignature for Deeds differs between states, some requiring witnessing or attestation to be legally binding. See for example NSW - Conveyancing Legislation Amendment Act 2018, or in VIC 32 Vendors Statement (VIC), Contract for the Sale and Purchase of Land (VIC).

England, Northern Ireland & Wales

esignature are legally binding. However there are a couple of scenarios where special steps are required in England and Wales with relation to the Land Registry and the signing of Deeds, including TP1 & TR1. This requires the signature to be witnessed by another person. Following recent guidance Land Registry will now accept electronic signatures by the signee and the witness, but only if witnessed in person, and if the esignature solution fulfills their requirements as outlined here.

Please note:

• The InTouch solution does not provide for these requirements yet
• Electronically witnessed signatures, for example witnessing via video, are not accepted by the Land Registry, they need to be witnessed in person

Guernsey

Governed by Electronic Transactions (Guernsey) Law, 2000, as amended (the “ET Law”). Still requires wet signatures for transactions regarding real property.

Isle of Man

Esignatures are legally binding but wet signatures are required for;

• the conveyance or creation of an interest in land;
• a mortgage or charge of land;
• the grant of a power of attorney;
• a transfer or mortgage of, or a share in, a registered ship or registered vessel; and
• the granting of security by a company over its undertaking, property or revenue.

Jersey

The Electronic Communications (Jersey) Law 2000 (the “EComms Law”) confirms that a contract may be formed by means of electronic communications, it was further amended in 2019 by the Electronic Communications (Amendment of Law) (Jersey) Regulations 2019.

Wet signatures appear, as best to our knowledge, to still be required for instances where a witness is required such as power of attorney and land transactions.

Scotland

Contracts regarding the sale and purchase of land need to be at least of Advanced Electronic Signature (AES) standard for a esignature to be considered valid. InTouch solution is AES compatible as we verify the identity of the person via the portal. There are further requirements for it to be self-proving or for deeds that create, transfer or vary real rights in land or building.