What is an electronic signature?

Electronic signature

This term can mean different things in different places. Some states recognize that facsimile and email transmissions can be used as "proof" of signature, and have adopted the "electronic signature" definition to refer to these sorts of transmissions and allow them (or restrict them) as evidence of (for example) intent to contract or authentication of official orders.

Other definitions mean an "electronic signature" is the electronic capturing of a physical, handwritten signature, as where you use a scribe at a point-of-sale terminal to "sign" a credit card transaction. Again, the regulations authorize this sort of paperless record as evidence of an intent to be bound by some agreement.

Without such statutes or regulations, the standards would still require a physical piece of paper (or other physical substrate) with a hand-written "signature" before a document would be admissible as proof of an original signature.

In other places, where the concern is for a more robust authentication and non-deniability, the "electronic signature" may be distinguished from a "digital signature", which uses sophisticated encryption techniques for security. There are many interesting uses for digital signatures, including anti-virus protection in critical software.

One effect of using electronic signatures (or digital signatures) is to shift the burden of proof. "You deny you signed, yet I have this electronic record showing you signed, now you have to prove this record is false."

First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 356 [recommend contributor]. Question popularity: 17 [recommend question]

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