Image signature: value and differences with the electronic signature

Share on :

What's an image signature really worth on a digital document? Discover the crucial differences between a simple visual reproduction and a true electronic signature to ensure the legal validity of your documents.

When you sign a contract on paper, your handwritten signature, also known as the "signature claw", is enough to guarantee the legal validity of the document. But what happens when you affix the image of your handwritten signature to a computer document? Is it sufficient to justify the legal validity of a digital document signed in this way? Is it an electronic signature in the true sense of the word? Find out all you need to know about the legal value of an image signature in this article.

What is an image signature?

An image signature is a visual reproduction of a person's handwritten signature on an electronic document. It can be a scan of a handwritten signatureIt can be a scan of a handwritten signature, previously made on paper, or a drawing of a signature made directly from a digital device.

This image is often inserted in a signature block on a digital document, imitating the appearance of a graphic signature on paper.

It is relatively common to encounter it in various professional and administrative situations, such as :

commercial contracts (commercial agreements, sales contracts, partnerships, etc.),
employment contracts,
an IT charter,
a confidentiality clause,
administrative forms (for banks or credit institutions, for example).
authorizations and consents (school activities, medical treatments, participation in events), etc.

What's the difference between an image signature and an electronic signature?

To understand the difference between an image signature and an electronic signatureThe first step is to review the definition of the latter.

According to article 3.10 of the eIDAS regulationregulation, an electronic signature is defined as "data in electronic form which is attached to or logically associated with other data in electronic form and which the signatory uses to sign".

The simple" electronic signaturewhich is just that, imposes no particular constraints, and it is possible to sign simply by adding one's first and last name to the document.

On the other hand, if you wish to benefit from an "advanced advanced" or or "qualified qualified "electronic signature, certain requirements must be met, in particular those set out in article 26:

be uniquely linked to the signatory;
identify the signatory;
have been created using electronic signature creation data that the signatory can, with a high level of confidence, use under his exclusive control;
be linked to the data associated with this signature in such a way that any subsequent modification of the data is detectable.

By complying with these imperatives, the advanced electronic signature transposes the handwritten signature mechanism into a computer environment, thanks to mathematical functions, which will thus make it possible to guarantee the integrity and authenticity of the signed content. It "replaces It "replaces" the handwritten signature with a sequence of numbers associated with a file and a person. It is not necessarily visible on the document.

Sometimes, for convenience and to enhance the user experience, a signature block is added to an electronic document, designed to receive a graphic signature representing a person's first and last name.

However, it is important to remember that it is the electronic signatureand it alone guarantees the legal validity of the signed document. The signature block is neither a necessary element for the validity of the electronic signature, nor, on its own, a proof of the validity of a contract, for example.

What is the legal value of the image signature?

Thus, the image of a signature on a digital document - in the same way as the initialsis merely aesthetic and psychological. It "materializes It "materializes" the signatory's consent on the document, making it visible in concrete terms. In the final analysis, it is no more than a reassurance of the signatory's consent.

However, a simple image of a signature is not sufficient, on its own, to guarantee the identification of the author of that signature, nor to prove his or her consent to the obligations arising from the deed. The visual appearance of the signature therefore has no legal value. It is the associated electronic signature process that secures a signed document.

That's why it's vital to combine an image signature with a secure electronic signature. Otherwise, the reassuring aspect of an image signature would have the opposite effect to that intended: it could mislead the verifier or recipient of the document, into believing that the images are linked to a legally valid electronic signature, when in fact they are not!

To illustrate this point, let's take an example: a HR department wants to dematerialize the process of signing an employment contract and a confidentiality clause. To speed things up, he combines the two files in a single document to be signed electronically, and adds a digital signature block at the end of the employment contract and at the end of the confidentiality clause, thinking that the electronic signature will apply to both. However, when the employee wants to extract the employment contract from the general document, thinking that the digital signature field is authentic, the electronic signature will be lost, the electronic signature will lose all its legal value.. It will therefore be necessary to subject both files to an electronic signature to guarantee their legal validity.

? GOOD TO KNOW

With the Lex Enterprise solution, the process is simplified: each image signature block corresponds to an electronic signature act, so there's no need to position several signature blocks for the same signature act.

? Discover the Lex Enterprise electronic signature solution