The e-signature
November 2021 – The electronic signature is an integral part of our society. You may even use it without being aware of it. But one electronic signature is not the other... A few words of explanation.
The electronic signature
The term electronic signature or e-signature is in fact the generic term used to designate a legal process in which the parties reach an agreement electronically, for example.
The eIDAS Regulation, a European regulation that sets the rules of the game in this area, defines an electronic signature as "data in electronic form, which are attached to or logically associated with other data in electronic form and which the signatory uses to sign".
The integration of an electronic copy of your signature in a Word document, an e-mail... is an example. But even signing your e-mail is already a form of e-signature.
And if you raise the security level a little, you are in the realm of digital signatures. A digital signature is therefore nothing more than a form of electronic signature.
Types of digital signatures
In the field of digital signatures, a distinction is made between the advanced electronic signature and the qualified electronic signature. These terms are legally defined in the same European eIDAS regulation.
To be able to speak of an advanced electronic signature, the following conditions must be met
the signature is uniquely linked to the signatory ;
it allows the signatory to be identified;
it has been created using electronic signature creation data, which the signatory can, with a high level of confidence, use under his exclusive control; and
it is linked to the data associated with that signature in such a way that any subsequent change to the data is detectable.
When you enter your code during a payment with your smartphone or bank card, you are signing digitally. In reality, you are signing a transfer form that instructs the bank to execute your payment.
There are also private companies that issue this type of signature. Adobe is probably the best known, but there are many other providers (GlobalSign, OneSpan Sign, DocuSign, etc.).
The qualified electronic signature goes even further. It is an advanced electronic signature issued by a qualified trust service provider. The other conditions that must be met are as follows
the service provider must be established in the European Union
the signature must mention the start and end dates of the validity period of the certificate;
the certificate must have a unique identification code.
Your identity card
In Belgium, you can use a qualified electronic signature with your Belgian identity card. You can also do this with the "Itsme" application. There are similar developments in other European countries (e.g. Germany, Spain, the Grand Duchy of Luxembourg, but not yet in the Netherlands or France). You can set up a company with your Belgian identity card, to give just one example. To connect to government e-services (my eBox, MyMinFin), you need a qualified electronic signature.
But to conclude international contracts, an advanced electronic signature, which you can therefore also obtain from international players, is 'sufficient'.
It is true that it is still an additional code that you will have to remember (and that you cannot keep with your identity card!), but this code is certainly as important as the one on your bank card.
