In this eIDAS paper, legal expert Lorna Brazell of Osborne Clarke LLP explains electronic signatures under the EU’s new Electronic ID and Trust Services Regulation.

In effect as of July 2016, the Regulation facilitates cross-border recognition of e-signatures and e-identities. In the market, however, confusion remains about the three types of electronic signatures, and which are legally effective and admissible.

Brazell explains why an e-signature cannot be denied legal effect merely on the grounds that it is in electronic form or does not meet the requirements for qualified electronic signatures.

This paper also answers questions such as:

  • Can I use an e-signature to create a legally binding contract in my country?
  • What is the difference between an advanced e-signature and qualified e-signature?
  • What use cases are best suited to the different e-signature types?
  • What are the legal best practices to be aware of?

In the second half of the paper, eSignLive VP Michael Laurie explains how eSignLive supports the Regulation for each e-signature type.

It also includes an e-signature evaluation checklist for meeting EU-specific requirements.

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