Electronic signatures or E-signatures have gone global and are today legal and recognized in several countries.
Each country, however, has its own specific laws concerning these signatures.
E-signatures are trusted and enforceable and in today’s digital age, embracing them is quite necessary.
What is an E-Signature?
An e signature is a data or signature in an electronic form. Just as with the traditional signatures, e-signatures show approval or consent to an agreement, document or terms and conditions. These signatures are used as proof of identity.
E-signatures, in other words, are the same as a seal, stamp, or handwritten signature. Digital signature solutions are today being used by several businesses and e-commerce sites use e-signatures they are safe and trusted because they carry similar enforceability as would other traditional ways of approval.
E-Signature Legality in Ukraine
Ukraine is not new to the world of digital signatures. Electronic signatures has been acknowledged in Ukraine since 2003. With the law in place, Ukraine continues to expand its international relations.
This law outlines the legal status of any electronic document and provides that the legal validity of electronic documents and its admissibility as evidence when needed cannot be refuted based on the sole factor that it is in electronic form.
Regulations of Electronic Signature in Ukraine
Ukraine has separate laws and regulations that govern e-signatures. If you are planning to use these signatures in Ukraine, then read on to know more about what the law states.
1. Ukrainian Laws on E-Signature
E-signatures are regulated by separate laws, special legal acts, and government decrees in Ukraine. There is a law on electronic digital signatures, law on electronic documents and electronic documents circulation decrees on approval procedures, and normative acts on the approval of the rules of reinforced certification.
2. Types Of Laws On E-Signature
E-signatures are regulated by two laws. These two laws are technology-neutral. The laws of Ukraine 22.05.2003, N 852-IV and 22.05.2003, № 851-IV are used to govern and regulated the signatures.
3. Ukraine’s definition of e-signature
Since the law distinguishes between two types of e-signatures, the e-signature is defined as data in electronic form that is added to other electronic data for identification. The electronic digital signature is defined as a type of electronic signature that is obtained because of cryptographic transformation to the electronic data set.
The electronic digital signature is applied by the use of a persona key and verified using an open key.
4. The requirement for a Certificate
For an e-signature to make a document legal, it has to be certified by an open key. The certificate is a document that is issued by the center of the key certification and it also confirms the validity of the open key.
Without this, the document cannot be legal irrespective of the presence of the e-signature. The two types of certificates, the simple certificate of the open key and the reinforced certificate of the open key can be used.
5. E-Signatures Be Created By Devices Meeting Set Standards
Ukrainian law requires that all e-signatures be created by special devices. Devices like programming devices, programming hardware intended for generating, application and verification of the signatures must be used.
The government organs generate electronic digital signatures using only secure devices of e-digital signatures. These devices have a certificate of correspondence and meet other set standards.
In general, if your e-signature and e-digital signature are created using the right regulations and standards you can be sure that any contract you sign using your electronic signature is legal and binding.
Remember, an approval token is not accepted as a valid e-signature under Ukrainian laws. It does not provide any legal force to a document created with the approval token as an electronic document.
Electronic Signature Legality Summary
Under the Ukrainian laws today, written signatures are not essential in a valid contract. All contracts are valid if all parties reach an agreement legally. This means whether you agree verbally, physically on a piece of paper or electronically, the contract shall be deemed legal if all laws are followed prior to the agreement.
Electronic document circulation confirms that documents and contracts cannot be denied enforceability just because they are in an electronic form. In case of disputes, parties have to present evidence in court as prescribed by the law. Electronic signature signed contracts have the same legal authority as handwritten signature contracts.
Benefits of Electronic Signatures
There are many reasons why countries are embracing the digital way of signing contracts. Here are a few reasons why you should consider using e-signatures:
- Electronic signatures are fast. You will not have to travel from one place to another to sign a contract or wait for it to be delivered to you. This also guarantees the safety of documents.
- These signatures are easy to use. You do not need any training to use an e-signature. All you have to do is to get a free electronic signature service provider, create a signature, and use it.
- They improve the accuracy of contracts by ensuring that you sign only when needed and only sign the right document.
- E-signatures are secure. With security verification methods put in place and several levels of ID validation also in place, it is impossible to falsifying a document using another person’s e-signature.
- They are efficient and flexible. You can sign your contract or documents from wherever you are.
- They save time and money. With no much paperwork involved, processes are made faster using this technology.
With a reliable document signature software, you will have an e-signature that will give you control over your workflow. You can track any changes made on a document or contract and you will also be sure that the contract is not tampered with.
The world is gearing towards a paperless future and many countries including Ukraine are embracing this new wave of technology. The digital signature app is the future of signing and approving documents and contracts. Do not be surprised if the traditional way of signing documents and contracts is faced out completely.