Nowadays, to sign a document digitally is a useful alternative to carry on business without the need of a person-to-person meeting.
There is usually a lot of doubt regarding the available options and their legal validity.
An electronic signature can be any type of signature validated electronically. It only has legal value after its origin and sender have been carefully examined.
Digital signature is one type of electronic signature. Thus, every digital signature is electronic, but not every electronic signature is a digital signature. The digital signature makes use of encryption that allows the verification of the origin and integrity of the document.
It must have the following criteria:
- Authenticity: proof of authorship
- Integrity: Any change to the document invalidates the signature
- Irreversibility: the sender cannot deny the authenticity of the message
The digital signature is linked to the electronic document, so if any change is made, the signature becomes invalid.
Furthermore, the digital certificate is an electronic identity used in Brazil and as examples there are the e-CPF and e-CNPJ, responsible for providing secure identification of people and companies on the internet.
Any individual or legal entity can obtain their digital certification from a Certification Authority — a company responsible for issuing digital certificates in the country. According to article 10 of MP nº. 2.200-2, electronic documents digitally signed by certificates issued by ICP-Brasil have the same legal validity as paper documents with handwritten signatures.
Electronic documents with digital signatures through certificates that are not issued by ICP-Brasil also have legal validity, if accepted by the parties as valid or accepted by the person to whom they are presented.
It is important to take into consideration that the parties must also respect the principles relating to contracts, such as the declaration of the parties' will and agreement with the content of the document signed.
