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Qualified electronic signatures are a bit stronger than "SMS and up": from your own Wikipedia link, "a qualified electronic signature is an advanced electronic
by necovek 5y ago
Qualified electronic signatures are a bit stronger than "SMS and up": from your own Wikipedia link, "a qualified electronic signature is an advanced electronic signature with a qualified digital certificate that has been created by a qualified signature creation device (QSCD)". It mentions 3 requirements right after that sentence (like "data used to create the signature is under the sole control of the signatory").
As such, DocuSign is unlikely to be valid as a qualified electronic signature in Germany or other European countries.
But in all of the contractual law ever present in the world, as long as you do not dispute that it's your signature, or there are witnesses to you agreeing to a contract (even verbal ones), a contract would hold as if signed by you.
- necovek 5y agoThis page confirms it isn't: https://www.docusign.com/how-it-works/legality/global/germany https://www.docusign.com/how-it-works/legality/global/german... > ...the use of electronic signatures or requires that the “written form” be used (which requires use of a qualified electronic signature), then any non-qualified electronic signature may be used. As such, DocuSign is an "electronic signature", but not a qualified electronic signature. This seems to be defined directly in eIDAS, so it probably applies to most of EU countries, and countries on the path to joining the EU.
- detaro 5y agoYou misread that: "SMS and up" is the description for Textform = the variant that doesn't require a qualified electronic signature.
- necovek 5y agoAh, right, upon more careful reading, that's indeed so: my apologies!