What is an electronic signature and what are its business impacts?
With the increasingly demanding modern market, electronic signatures appear as an important tool in the midst of digital transformation. This is a remarkable resource because people, from anywhere in the world, and at any time, can conclude a contract with legal validity, without red tape.
But what exactly is an electronic signature? What is the difference between it, the electronic signature, and the digital one? The answer is simple: digital signature requires a digital certificate provided by a certification authority linked to ICP-Brazil. Already the electronic signature uses a certificate from a private authority and has a much more feasible value for everyone.
Thus, it can be seen that an electronic signature is a disruptive way to conclude contracts in an authentic and online way. To do this, it is necessary that the signers have only an email or SMS. The digital signature, on the other hand, requires a digital certificate that confirms the veracity and integrity of the document. With an electronic signature, this is not necessary, as it is used from various authentication points that guarantee that the signer is who they say they are.
In this context, electronic signatures are particularly a revolutionary act in the marketing sphere. Not only because it is another resource that thousands of independent companies and businesses can take advantage of; nor because of its disruptive nature. It is a resource that, together with others, adds advantages for the technological era, which promises to reshape the market.
Sectors benefiting from electronic signatures
Among the sectors most covered by the electronic signature resource, the following stand out:
Real estate agencies
A market whose demand revolves around various trips, inquiries, property surveys and contracts could not benefit more. Rationing time, in these aspects, is an attractive factor for modern consumers, who increasingly require instantaneity in their protocols. In addition, it becomes very simple Close contracts remotely with their own customers.
upbringing
Another sector highly developed by technology is education.. Being a very bureaucratic universe, electronic signatures work in financial renegotiations, registrations, documents, and material orders. By opting for this technology, schools will be able to issue all this amount of documents in a much more agile and sustainable way.
In its traditional version, the enormous amount of paper that these institutions used required a physical location for storage (in addition to a physical signature). Adding to this the bureaucracy of having to forward all documents for proper access, it only prolongs the wait for these processes to be carried out.
Human Resources
The HR area is a classic reference to paperwork and red tape. For almost any process, it is a slowdown shaped by several procedures (including signatures) that are passed through each responsible employee. This sphere in particular would be much more practical if fully adhered to the technology. In addition, even the sector performance would be optimized, given that all the bureaucracy becomes an objection to the continuous development of the service.
Marketing and Tourism Agencies
Agencies, especially marketing agencies, need strict secrecy in relation to their clients. Therefore, it is necessary for each employee to provide their signature on papers addressed to each of them. Providing space for storing these documents, as well as financing these materials so that they can be used, is not profitable. In the case of a tourism agency, it's the benefit of comfort: allowing your clients to do the entire process from their own homes instead of requiring travel is a promising factor for your business.
juridical
The legal sphere is another sphere whose image refers to bureaucracy. In general, when thinking about legal processes, hiring, and the like, most refer to delays and strict procedures. With electronic signatures, opening contractual processes and constructing timelines for each case has very simple virtual solutions. Telephone, e-mail and WhatsApp become allies for the corporate world.
Insurance Market
Insurers in general benefit from practicality. With electronic signature, it is possible to close contracts very quickly, without interfering with the client's and company's time. It's almost instantaneous and the services are very presentable to the consumer's eyes!
In this way, it is possible to perceive a Time savings; greater purchasing and business efficiency; and more instantaneity. The electronic signature emerged precisely from the need to expand the market, open up new possibilities and enhance experiences. Once the demands of physical processes are no greater than the profitable ones, technology comes in to replace slow gears.
The legal validity of the electronic signature
Sure, but how exactly can a virtual signature be equated with the significance of a physical signature? It is worth noting that no form of signature is free from judicial challenge. However, it is possible that the electronic signature is, in a certain way, up to safer than the signature itself on the paper. This is because the veracity behind the document is easily proven: since it is possible to use security tools to enforce your contract.
These tools are based on selfies, tokens (which only the person in question has access to) and information that only the person themselves withholds knowledge (such as a password). In this way, Fraud control is much greater, since a batch of evidence about the signature is provided.
MP 2,200-2/2001
In addition, there is the legal protection under electronic signatures. The law is configured according to the evolutionary needs of the population, and in this regard it would be no different. This is provisional measure 2,200-2/2001. This measure gives the electronic signature the same values as a physical signature. It also guarantees that the authenticity of this document can be proven by other means, even without the use of certificates issued by ICP-Brazil.
“§ 2 The provisions of this Provisional Measure do not prevent the use of other means of verifying the authorship and integrity of documents in electronic form, including those that use certificates not issued by ICP-Brazil, provided that they are accepted by the parties as valid or accepted by the person to whom the document is opposed”
The electronic signature and the Economic Freedom Act
Thus, aimed at the emancipation of autonomous projects and businesses, there is a law, that of Economic Freedom (2019), which refers to society, whose autonomy regulates its own interests. This law gives space and reliability to good faith, making the contractual paradigm more flexible and allowing for the disruptive reality that the population achieves today.
“Article 1 The Declaration of Economic Freedom Rights is established, which establishes rules for the protection of free enterprise and the free exercise of economic activity and provisions on the State's action as a regulatory and regulatory agent, in accordance with item IV of the caput of art. 1, the sole paragraph of art. 170 and the caput of art. 174 of the Federal Constitution.”
“§ 2 All public order regulations on private economic activities MP 983/2020 (transformed into law on September 23, 2020) are interpreted in favor of economic freedom, good faith, and respect for contracts, investments, and property”
Therefore, it is clear that all legislation aims to support and encourage disruptive procedures through electronic signatures.
Law 14,063 (2020)
There is another provisional measure that was later converted into law 14,063 (2020), which refers specifically to public entities and health issues. Based on it, comes the recognition of three aspects of electronic signatures: simple, advanced, and qualified electronic signature. This occurred to formalize the identity distinctions of each contractual orientation.
“§ 1 The 3 (three) types of signature referred to in items I, II and III of the caput of this article characterize the level of trust regarding the identity and expression of will of its holder, and the qualified electronic signature is the one with the highest level of reliability based on its rules, standards, and specific procedures.”
In this excerpt, the classification of each signature is evidenced as a summary of all its definitions. It is possible to see that there is constant autonomy of the signatories involved, and the bureaucratic field is becoming increasingly flexible.
“Article 4 For the purposes of this Law, electronic signatures are classified as:
I - simple electronic signature:
a) that allows you to identify your signer;
b) a that attaches or associates data with other data in electronic format of the signatory;”
Here, it qualifies”simple electronic signature” such as the one that allows identifying the signatory, as well as the one that shares their data (which helps verify the authenticity attested in the contract).
II - advanced electronic signature:
The one that uses certificates not issued by ICP-Brazil or other means of proving the authorship and integrity of documents in electronic form, provided that they are admitted by the parties as valid or accepted by the person to whom the document is opposed, with the following characteristics:
a) is uniquely associated with the signer;
b) uses data to create electronic signatures whose signer can, with a high level of trust, operate under their exclusive control;
c) is related to the data associated with it in such a way that any subsequent modification is detectable;”
In this statement, it is ensured that the advanced electronic signature does not require the certificate issued by ICP-Brazil, provided that this condition is acceptable to both parties.
III - qualified electronic signature:
The one that uses a digital certificate, pursuant to paragraph 1 of art. 10 of Provisional Measure No. 2,200-2, dated August 24, 2001.”
As mentioned above, technological trends follow the needs of the population. These classifications were shaped from the pandemic year of 2020, when public roads and the health area needed to enhance their traditional protocols.
Legal details of the electronic signature
In view of all the discourse, it can be seen that the virtual negotiation process is more than ever legally supported. Thus, according to a 2020 legal opinion on electronic signatures, we can state that: it always reserves the same relevance as a physical paper signature.
In addition, when electronic signatures are given full effect as public and private documents, there are two types: those that have a certificate issued by an Accredited Authority to ICP-Brazil; and those that are carried out without that certificate in question, that is, that they belong to private companies. The second case (the one that does not confer the ICP-Brazil certificate) remains valid as long as the parties involved in the process agree with the condition: this way, it will have the same recognition as a physical document.
Soon after, the opinion also guarantees that there is no kind of hierarchy capable of subjugating one type of contract below the other. Both documents, whether or not they have the certificate, are valid and receive the same type of legal recognition.
At the conclusion of the opinion, they state that the legal system recognizes full effect to electronic documents with signatures outside the scope of ICP-Brazil. It also recognizes the role of private systems and platforms in this regard.
A Clicksign
As its name suggests, the company works with a focus on practicality. With just one “click”, you can sign and close deals, supported by secure and solid channels. The company was in fact created for this purpose: the desire to transform traditional subscription methods, for a much more autonomous, innovative and economic act.
From the outset, the company's philosophy revolves around the idea that technology - if used properly - emerges for promote comfort and practicality. In addition, there is an increasing need for virtual services on all social channels.
Clicksign is proud to be part of the future and also to all the solutions it offers to rationalize time with simplicity and efficiency. Thus, next, you will have greater knowledge of the services provided by the company!
Clicksign electronic signature solutions
One of the most striking features in the company today is the possibility of using familiar and uncluttered apps to negotiate. This involves email and SMS, but especially the one itself WhatsApp. By submitting the necessary documents to the platform, the signer is able to conclude the contract with the token provided to him. This function is notable because, in addition to the disruptive nature of electronic signatures, it also uses trust and comfort channels (such as WhatsApp) for its customers.
Then there is the tool Clicksign Automation, which is ideal for those who exercise demands whose model always contains the same filling data. That way, you won't need more time to fill in the same aspects over and over again.
Another solution is the Clicksign Integration, which consists of customizing according to the details of your company so that your brand is highlighted. It can be integrated with tools used by you via API, making the platform a single tool with your logo.
For those who work with Fintechs and financial institutions, the Clicksign Securities solution allows you to electronically generate and sign Bank Credit Notes without the need for an e-CPF.
It is worth remembering that Clicksign also offers the possibility of Signing with a Digital Certificate, another way of proving that the signer is who they say they are.
Forms of authentication
In addition, forms of authentication they are also made flexibly and autonomously. With selfies, for example, it is possible to prove that you are the person involved in the contract. After all, how do you contest a photo taken by yourself at the time of the negotiation? Another factor of authenticity is the handwritten signature itself. It works simply with the “touch”, where you draw your own signature on your cell phone screen and it is included in the required field.
The company also works with a section of subscription log, in which the entire history of data declarations is recorded in detail. Both parties provide authentication and identification processes, which consist of names, IP addresses, emails, and subscription times. All of these allegations are recorded in consideration of the good faith negotiation of both parties to the contract. In this way, the authenticity of the contractual process is proven.
Another important point is the security involved throughout the negotiation process, even after the electronic signature. Clicksign uses cutting-edge technology to Monitor fully the trading session. Equipped with the most modern Firewalls, together with coding and security patches, the platform guarantees the stability that the virtual business requires.
Clicksign, a pioneer of electronic signature in Brazil, recognizes the impacts of this technology on business and the world. It is because of this disruptive philosophy that the system continues to grow daily, with the certainty that the technological era can change the world.
The electronic signature is the future.
Thus, it is currently understood that the impact of electronic signatures on the market is expressly enormous. Especially after 2020 (the year in which the virtual sphere had to be considered by thousands of companies), being used (by various public and private entities), in order to expand their horizons, escape corporate alienation and keep their own services accessible.
This system confers not only the entrepreneur autonomy, as well as the Routine flexibility. As stated at the beginning of the article, there is no longer any distance obstructing any trading effect. People from different countries can conclude a broad and strategic contract, without relying on shipments or physical documents to do so.
With a few initial processes chosen, you can move on to automation! In that case, what to do? It's simple: continue your studies on the Clicksign blog.
Clicksign is the ideal solution to accelerate the growth of your business! If you want to know more about how Online Document Signing can revolutionize your processes, take a free test and see how it is possible to make a subscription, with legal validity, in less than 1 minute. Try it, no credit card required!
