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[C-SG] Electronic signature_common practice

发布时间:2021-06-29 15:36:59 人气:

Overview


Electronic signatures are commonly used for all types of transactions in Singapore, and their use is increasing as a result of expanded use by local companies. The benefits that come along with electronic signatures are undeniable, as documents can be signed with just a mobile device at hand, within a matter of minutes. 


While related concepts and legal requirements of electronic signature is introduced in another articles named “Electronic Signature – brief on Laws & Regulations”, related common practice of electronic signature will be discussed in this article:


Topics


Section I - What can an electronic signature look like?


Section II – How is the process of getting a digital signature?


Section III – What software can be used for an e-signature?


Section IV – Tips to avoid unauthorized use of e-signature


I. What can an electronic signature look like?


An e-signature doesn’t always look like a copy of your handwriting on the screen. According to the Electronic Transactions Act, it can take any form like:


A sender’s name typed in an email. Suppose you make an offer to a client in an email or approve an absence note of your employee. You just send a message from your corporate account and sign your name. You can also use it in communication with a contractor. However, we recommend stipulating in an original contract that any information and agreements expressed from certain emails are legally binding. This way, you can enforce the deal and ensure that only responsible persons can influence the agreement. Example of an e-signature clause in a contract:


[C-SG] Electronic signature_common practice(图1)


(It may be hard to believe but a simple email signed with your name is still legally enforceable)


 A scanned copy of a handwritten signature. You can just sign a piece of paper, scan it or take a photo, copy and paste the image to the document. On the screen, it looks exactly like your handwriting.


[C-SG] Electronic signature_common practice(图2)


(You only need to take a photo of your signature once, and you’ll get all the benefits of using an e-signature)


A drawing of a signature made with a mouse, a touchscreen or trackpad. You can paste the said drawing into the document. Some companies, like delivery services, integrate the drawing function into their customer programs. The courier delivers items and gives a tablet to the client to sign the screen, confirming the delivery.


[Compliance-SG] Electronic signature – common practice(图3)

(Print screen of SignNow service. Usually, a drawing function is integrated into e-signing services. You can use either the desktop version or a mobile one to draw right on the screen)


A click of an acceptance button. This method is usually used in public offers for online shopping. For instance, if you sell clothes or books online, you can put terms and conditions on your website and an “Accept” button for customers to agree.


[Compliance-SG] Electronic signature – common practice(图4)

(You can use other wording or present terms and conditions right on the page without using links, but the concept shall be the same)


A password or any other code. If you provide services, you can develop user accounts for your clients like in online banking. Customers can access their personal information, securely communicate with you or even carry out payments. Password identification least of all looks like signing in the conventional sense, but it still has the same goal and legal effect.


A biometric identifier like a fingerprint, a voiceprint or a retinal scan. Fingerprints and face readers are broadly used on modern smartphones to get access to a phone, to agree with terms or to proceed payments. Consider this method if you develop an app for your business.


A digital signature. This is an encrypted code which is as secure as personal handwriting. A digital signature is usually used for filing forms with state authorities and for major deals. Find more information in section II.


The list goes on.


II.   How is the process of getting a digital signature?


While related concepts and legal requirements of digital signature is discussed in another articles named “Electronic Signature – brief on Laws & Regulations”, related process of getting a digital signature is illustrative as below.


A digital signature contains the user’s encrypted data and protects the documents against unauthorized changes. Put simply,


   it is a mathematical formula that makes a connection between the content of the document and a person’s secret key. A signer has a private key like a personal code granting him the right to create a signature. On the other hand, the recipient of the document uses a public key to verify the digital signature.


   on your end, it goes like this: you get a certificate once and use the same USB token every time you need to sign a document. With a couple of clicks, you e-sign the file. The signed document can be sent by email; email service can tell if the message is digitally signed, who signed it, and whether the signature is valid.


[Compliance-SG] Electronic signature – common practice(图5)


(The Certificate Authority acts like an entrusted body which identifies users and ensures the security of digital signatures.)


As above, you need a digital certificate and a secret key for using a digital signature. For safety reasons, the key is usually stored in a device like a smartcard or a USB token. Only a licensed Certification Authority (CA) can issue a digital certificate and a private key. CAs are not really state authorities, they are licensed private companies. Infocomm Media Development Authority (IMDA) licenses CAs and releases the list of accredited companies. For now, only one CA has accreditation. It provides both certificates and technical support.


There are two different kinds of certificates: for personal use and for company use. The CA verifies a person’s or company’s identity, so you have to fill in an application and provide certain documents like a personal ID, a business profile from ACRA and a letter of authorisation for a company to appoint you as a responsible person. The CA may also request additional information. The price for a certificate and a USB token differs and is approximately S$120-180. Technical support is charged additionally.


III.  What software can be used for an e-signature?


The software you will need depends on the type of a signature that you choose. We will not give recommendations on software for passwords creation or biometric identification, as you need web developers and builders for the purpose. Let's concentrate on the more common examples:


You can add an image of a signature to documents in most editorial programs using “copy and paste”. For every operating system, there are programs that let you add scanned signatures, drawings and digital signatures.


[Compliance-SG] Electronic signature – common practice(图6)


(In Microsoft Office Word or Excel among simple e-signatures, you can add the so called “invisible signatures” as a digital signature or a password.)


If a computer is out of reach, you can create a signature on the go with your smartphone. There are apps like Draw Signature Pro or Autograph+ allowing you to draw, to save an image on a transparent background and optionally to enhance and smooth your image.


If you often use e-signatures, consider buying a program that allows all-in-one to create a document, to add an e-signature, to manage tools, to make templates, to send documents, to automate a workflow or to be integrated into web-sites, applications, CRMs and payment tools. It could be PandaDoc, DocuSign, Adobe Sign, ESignGenie, EmSigner, or some other program. Please do not consider any reference to a program or an app an advertisement. We list them as mere examples.


IV.  Tips to avoid unauthorized use of e-signature


To avoid unauthorized use of e-signature, never give anyone access to your email, passcodes, identification details or a private key to your digital signature. Instead, you can trust anybody with the right to act in your or your company’s name by issuing a power of attorney.


If the worst has happened and someone fraudulently signed an electronic document using your data, you have to inform the recipient, file a claim to the police and collect evidence. For example, you can always trace the date and the place of signing and prove you weren’t there at the time. Should your digital signature be compromised or you lose a private key, report it to the CA immediately. The authority will suspend or revoke the certificate.


Reference:


  Public materials from google research


  Other public material from peer companies


Linked articles:


  Electronic Signature – brief on Laws & Regulations


Disclaimer:


Information on this page is intended to help businesses understand the common practice of electronic signatures. However, EStar cannot provide legal advice. You should consult an attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, EStar provides this material on an "as-is" basis. EStar disclaims and makes no representation or warranty of any kind with respect to this material, express, implied or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.

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