eIDAS Regulation - eSignature Technology by CubeIQ

The handwritten electronic signature on a signature pad or mobile device with pen input is becoming more and more important. It alone represents a simple continuation of the traditional working process, the writing of a signature, in electronic form.

Signing is a familiar process

You can't lose them

The signature cannot be forgotten.

A passing on is impossible

The signature is never given unintentionally.

It is accepted for notarization of declarations of intent

Forms of the electronic signature

The eIDAS regulation, like the EU directive before it, contains a subdivision into three different quality levels of the electronic signature, which can be used for different application cases:

Simple electronic signature

The simple electronic signature is, as the name already suggests, a simple means which offers little or no evidentiary value in court. This can be a scanned signature, for example, which is placed as an image under documents. This form is usually only suitable for internal processes, such as expense reports, release processes or similar, taking into account the legal risks.

Advanced electronic signature

The advanced form of the electronic signature offers a significantly higher evidential value than the simple one. In the event of a dispute, it enables an exact validation of the signature, consisting of document integrity and the authentication of the signer. This makes it possible to determine whether the document has changed, and which person has signed it. This form of e-signature is particularly suitable for all non-formal processes such as correspondence, contracts and agreements with customers and partners. This means that it is actually always necessary to document a declaration of intent for a certain process in a way that is legally compliant and secure.

Qualified electronic signature

The qualified electronic signature describes the highest quality level of the e-signature and is the only one that can replace the written form if required by law (< 5% of all business transactions in Germany). The major disadvantage of QES is still its small scope of application and low popularity. A classic smartcard system requires that each subscriber has his own card and a corresponding certificate in order to be able to sign. This is extremely impractical in everyday life, since hardly anyone has such a device, or the technologies required for it. New, cloud-based technologies such as "remote signatures" or "corporate seals" promise to make it easier to use qualified signatures - but here, too, each person must be individually identified and verified, e.g. via video or post ID. In such a fast-moving age, this also represents a major obstacle in many places. From the consumer's point of view, it also has the serious disadvantage of reversing the burden of proof: in the event of misuse, the consumer must prove this!

In principle, the following requirements are met:

It is assigned exclusively to the signatory.

It allows the signer to be identified

It shall be drawn up by means which the signatory may keep under his sole control

It shall be linked to the data to which it relates in such a way as to detect any subsequent change in the data

The task is the assignment of a handwritten, electronic signature to a document and of course to a person. The necessary technology consists of the following elements:

An electronic signature pad from signotec for capturing the signature with high-quality biometric parameters (min. 1,024 pressure levels and 500 Hz sampling rate).

Software with which the visual and biometric features are incorporated into the document and which reliably protects the document against manipulation, such as signoSign/2 or signoSign/Universal or the associated SDKs.

An interface that transfers the signed document to an existing document management system without media discontinuity.

Software that checks whether the signature was executed by the correct person and whether document integrity is guaranteed.

By transferring the signed, electronic documents into the workflow of a document management system, costs are reduced, processing and processing times are accelerated, and misuse is avoided.

Admissibility in court proceedings

• The eIDAS regulation emphasises the judicial usability of electronic signatures.
  
• Art. 25 "Legal effect of electronic signatures" states, among other things:
  
• "An electronic signature may not be denied legal effect and admissibility as evidence in court proceedings solely because it is available in electronic form or because it does not meet the requirements for qualified electronic signatures".
  
• This means that advanced electronic signatures must not be ignored as evidence. In this way, you can bring the above security features into court proceedings in any case.
  

Qualified electronic signatures with signotec

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In addition to the advanced e-signature via pen pad or mobile device, we also offer options for creating qualified signatures.

Smartcard

The "signoSign/2" software provides an interface for qualified electronic signing of documents using a card reader and smart card. In this case, no signature is recorded, but the document is signed solely with the certificate of a personal signature card, or both. Thus a signature can be recorded by QeS and/or FeS with Pad.

Remote Signature

The web-based integration product "signoSign/Universal" has a prepared interface that makes it possible to generate remote signatures, e.g. via mobile phone signature, and to sign PDF documents in a qualified manner. Instead of a signature, the registered subscriber is authenticated via his mobile phone and signs the document in this way. The respective service providers of the remote signature must be implemented individually for each customer. We will be happy to assist you at any time.