Are PDF Signatures Legally Binding?
Obtaining electronic signatures on digital documents, particularly PDFs, is widely accepted as a method of verifying their contents. These types of signatures can hold legal precedence and are recognised in various jurisdictions across the world.
There are a few exceptions, such as documents that should be signed in the physical presence of a witness. These include wills, real estate transactions and testaments.
Legal framework in the EU
Electronic signatures in the EU are governed by the eIDAS Regulation 910/2014. It recognises three types of signatures: Simple Electronic Signatures (SES), Advanced Electronic Signatures (AES) and Qualified Electronic Signatures (QES).
eIDAS establishes the legal framework for electronic signatures by stating that their legal status should not be dismissed simply because they are electronic.
Conditions for legality
Identification of the signer
A legally binding PDF signature must have a clear method of identifying the signatory. It should be uniquely linked to the signer, either via a unique identifier or another secure identity verification process.
Integrity of the document
The integrity of the signed PDF must be maintained throughout. Any alteration to the document must be detectable. It should be stored properly to prevent unauthorised access or loss, ensuring its validity and authenticity.
How to sign a PDF
Signing a PDF can be accomplished through various methods. This includes the use of dedicated electronic signature software and services provided by trust service providers (TSPs). You can also utilise built-in features in PDF readers like Adobe Acrobat. These platforms allow you to apply your signature digitally by one of the following means:
- Typing your name
- Drawing your signature with a mouse, touchscreen or digital signature pad
- Uploading an image of your handwritten signature
- Adding a signature backed by a certificate of verification
Once applied, the signature becomes an integral part of the document, certifying its authenticity and integrity.
Common uses of PDF signatures
- Contracts: Digitally signing contracts and agreements, reducing administrative burden and saving time. These include employment contracts, service agreements and leases.
- Business transactions: Streamlining various business transactions securely, from purchase orders to invoices.
- Government forms: Simplifying administrative processes and reducing paperwork via electronic submission and processing of government forms. These include tax forms, permit applications and licence agreements.
How to ensure compliance and security
Two ways to ensure compliance with the eIDAS regulation and document integrity:
Using an AES or QES
Compared to an SES, AESs and QESs provide higher levels of security and legal recognition. These signatures incorporate advanced security features such as cryptographic algorithms, biometric authentication and digital certificates to create a verifiable link between the signature and the signatory.
Using TSPs
TSPs offer reliable digital signature services that comply with legal standards and provide additional layers of security. They ensure their services align with ongoing regulations by integrating robust security protocols, such as multi-factor authentication and secure key management.
*Disclaimer: This content does not constitute legal advice. The suitability, enforceability or admissibility of electronic documents will likely depend on many factors such as the country or state where you operate, the country or state where the electronic document will be distributed as well as the type of electronic document involved. Appropriate legal counsel should be consulted to analyze any potential legal implications and questions related to the use of electronic documents.