Electronic signature or digital signature?
It will depend on the legal system in which we find ourselves. In El Salvador, only the term electronic signature (simple or certified) is specified, while in some Latin American legislations, both terms are discussed.
What is an electronic signature?
An electronic signature is an indication of a person's intention to accept the content of a document or a set of data with which the signature is associated. Like a handwritten signature on paper, an electronic signature is a legal concept that captures the signatory's intention to be bound by the terms of the signed document.
What is the difference between a certified electronic signature and a simple electronic signature?
The certified electronic signature is the type of signature that enjoys greater legal guarantees and, therefore, is the most appropriate for signing any contract, document, or transaction that requires such guarantees. It can only be made with digital certificates issued by a Certification Service Provider duly accredited in El Salvador. For this reason, the certified electronic signature is considered by law to be equivalent to a handwritten signature. It has full legal value and guarantees the enforceability of a document against third parties. The simple electronic signature is made with data in electronic format, either unrelated to other electronic data or logically associated with them, which the signer uses to sign. However, it does not enjoy the presumption of truthfulness and, therefore, non-repudiation of the signature. It is also important to mention that there are multiple ways to carry out the simple electronic signature, the most secure being the one issued by a Certification Service Provider accredited by the Ministry of Economy of El Salvador.
When is it preferable to use the certified electronic signature?
Wherever a signature with all the legal guarantees and security that the signer is truly who they claim to be is required. You can use it to electronically sign any contract, document, or transaction such as employment and commercial contracts, banking contracts, updating banking data, insurance policies.
When is it preferable to use the simple electronic signature?
Where it is not necessary to guarantee equivalence to a handwritten signature, with all the legal guarantees and security of the person who made the signature. You can use it to sign documents that do not require a guaranteed level of security.
I have some doubts about which type of signature to implement in my organisation. Who can I speak to in order to resolve them?
Call us on +503 7416 8222 or contact us via email at info.sv@uanataca.com and we will advise you according to your needs.