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Legal validity of documents and Clicksign automation

Legal validity of documents and Clicksign automation

Publicado em:
17
/
12
/
2019

Until recently, when talking about the legal validity of electronic signatures, doubts arose. Some said that security was very weak, others said that only signatures with ICP-Brazil digital certificates were valid. For the more conservative, however, there was no time. It was pen and paper.

Clicksign, when it started, had to explore a wide territory of prejudice and disinformation. There was still little discussion about using electronic signatures in documents, minutes, contracts, and other ways to validate a negotiation. There were many doubts about the legal value of a transaction signed in this way.

Provisional Measure 2,200-2/2001

But what few knew was that a provisional measure, MP 2,200-2/2001, already gave legal value to contracts signed electronically, with the use of the Digital Certificate, or not. As can be read below:

Art. 10. For all legal purposes, the electronic documents referred to in this Provisional Measure are considered public or private documents.
§ 2O 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 using 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.

Measures to control access to information

It all starts with control: firewalls, encodings and security patches are used, as well as full-time monitoring of the production environment. User privacy is respected by encrypting files and transmissions. In addition, Clicksign does not process or store the credit card information of its customers.

Integrity of documents

To maintain the integrity of the documents, the Hashing, an algorithm that ensures that the file hasn't changed. Also for this purpose, the platform numbers and creates a Log for each document, recording the times on the server clock. The data is stored as long as the user's account is active.

Practicality

All this with the convenience of not having to print, sign and scan any sheet of paper, much less send it by mail. The process, with Clicksign, is much more agile and secure, being carried out entirely on the company's platform. Just sign up, choose the plan and start using.

We can conclude, therefore, that the electronic signature, on the Clicksign platform, has all the legal value to make the contract authentic. The parties who sign the document are largely protected by law and can trust that their information is kept in a secure environment and can be used judicially, if necessary.

Learn more at:

The validity of contracts signed electronically - Migalha

The digital signature in contracts - legal validity and enforceability - Jus Brasil

Electronic document - legal validity and legitimacy - Legal Scope