In the realm of electronic signature witnessing, understanding the UK's legal requirements is paramount to navigating the landscape of compliance and ensuring the utmost trust and legality in electronic transactions. In this article, we explore these essential requirements, the significance of compliance with the range of legal regulations governing electronic formats, and how the right solution can ensure the validity and enforceability of electronically signed documents, instilling confidence in their legal standing.
It's easy to assume that all electronic signature platforms are created equal and offer the same level of security. However, the next generation of e-witnessing solutions challenge that perception, going beyond a mere tick in a box or a squiggle imposed on a document, they guarantee a new level of security, authenticity, and complete, irrefutable legal compliance.
What is electronic signature witnessing?
In its simplest form, electronic signatures enable the signing of a document through electronic means rather than relying on traditional handwritten signatures. The methods employed can vary, ranging from a typed-in name to an inserted signature image or utilising a dedicated electronic signature platform. To witness an electronic signature, a witness affirms that they have physically seen both the signee and the legal document in question via an electronic witnessing platform.
Electronic signatures can be classified into various types, each possessing different levels of validity suitable for specific legal documents. Regardless of the type, they all bring about process optimisation features and facilitate easy access to data whenever required. Similarly, electronic witnessing encompasses these different types of signatures but often varies depending on specific requirements. For instance, certain deeds may demand witnesses to agree with a particular statement, such as "I confirm that I was physically present when the document was signed."
Currently, very few documents that require witnessing are signed via electronic witnessing. By transitioning, there are great optimisation benefits that avoid the slow process of physical copies that are dependent on the postal system. But while electronic witnessing offers process optimisation, it has also raised regulatory concerns within the rapidly evolving technology landscape.
What are the regulations for witnessing an electronic signature?
In the UK, the electronic execution of documents outlines that e-signatures are legally capable of executing a document and can serve as admissible evidence in legal proceedings to establish the identity and intention of a signatory. However, different legal instances may necessitate specific formalities, such as a designated form of the signature, evidence of the signatory's identity, or the requirement for the process to occur in the physical presence of a witness.EU eIDAS (electronic identification and trust services) categorises e-signatures into three levels based on their requirements:
- Simple Electronic Signatures: These are data in electronic form attached to or logically associated with other electronic data. The signatory utilises them to sign a document.
- Advanced Electronic Signatures (AdES): Uniquely linked to and capable of identifying the signatory, AdES allows the signatory to retain control and detects any subsequent changes to the data.
- Qualified Electronic Signatures (QES): A form of AdES created using a qualified signature creation device and based on a qualified certificate of electronic signatures.
Key requirements and considerations for electronic signature witnessing
Understanding the requirements and considerations for electronic signature witnessing is crucial, especially in light of the recent pandemic that has prompted the widespread adoption of electronic signatures across various legal documentation. To maintain compliance, the Law Commission has outlined key considerations.
A crucial aspect of compliant electronic witnessing is the physical presence of the witness, who must observe the signature and the associated digital information before adding their own signature as affirmation.
Electronic signatures can fulfil the legal requirements as long as there is an authentication process in place, and they meet the specific criteria outlined in the relevant documentation, such as those necessary for land registry and statutory declarations.
However, without robust identity verification, e-signed documents become susceptible to legal challenge, therefore it has become an integral component of the legal documentation process. By utilising a platform with built-in identity verification, organisations can ensure the validity and integrity of their electronically signed documents, safeguarding against potential disputes or legal complications.
Legally-compliant electronic signature witnessing with Bonafidee
Bonafidee’s e-witnessing platform has been built to provide legally-compliant electronic signature witnessing, featuring a multi-stage process that covers consent, identity verification, data capture and document attestation. By seamlessly integrating various identity checks, advanced e-forms, and comprehensive witness attestation, we provide you with the means to satisfy the legal requirements of each document. With Bonafidee, you have assurance that compliance is upheld at every step of the electronic signature and witnessing process.
Having set new standards in the world of electronic signature and e-witnessing, we invite you to enjoy elevated levels of rigour and compliance at the same time as greater efficiency for you and your clients.
