WIXLIB

14U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SFAES ( “ Z ERT ES” IN G ERM AN)(SW ITZ ERLAND)On December 19, 2003 electronic signatures werelegalized in Switzerland when the Federal Law onElectronic Signatures (further referred to as ZertES)came into effect.The Swiss Federal Act on Electronic Signatures(the FAES) regulates the conditions under whichservice providers may use certification serviceswith electronic signatures. Additionally, the FAESThe FAES' tiered structure and standards of legalprovides a framework outlining the provider'svalue are similar to those of European Union'sobligations and rights applicable to the provisioneIDAS Regulation. In the FAES regulations, nextof certification services. The law promotes the useto the general notion and concept of "electronicof secure services for electronic certification tosignatures", there are three additional variants,facilitate the use of qualified electronic signatures.namely simple, advanced and qualified electronicUnder FAES, the electronic signature is equal to asignatures just like eIDAS.handwritten signature.It means that Qualified Electronic Signatures arefully court-admissible, while the other electronicSignatures require more evidence to be validated.

Advantages ofelectronic signaturesU LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E S0415

16Within the office you no longer need to:many advantages of which efficiency, userexperience, legal compliance, security, positiveimpact on sustainability are the most important.y Wait for the signatory to be available for awet signature;y Sign, print, scan and manually post adocument;y Manually archive documents;y Manually verify if the documents have beensigned by the right (mandated person)Towards your customers you can speed up yourEF FIC IENCYentire business lifecycle. Electronic signatures will:Too often, finalizing a commercial or any othery Allow you to save time on contract creationbusiness process can turn into a time-consumingy Enable everyone inside and outside thenightmare full of tedious paperwork. Time isspent conducting repetitive administrative tasksrather than achieving effective goals. That is whyeverybody is trying to optimize the process time byworking digitally. Introducing electronic signaturescan be another step to accelerate your business.organisation to sign any time from any devicey Streamline the whole approval and signatureprocess and make it error proofy Enable the same level of security and trust aswith conventional documentsy Help you close deals fasterU LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SThe use of electronic signatures brings along

17User experience is a customer’s perception of theirMoreover, all kind of devices can be used, whichinteraction with your organisation. It is shapedmakes electronic signing extremely user friendly.by the contact moments they have with yourNo more piles of paper to initial or paper workcompany. By leveraging electronic signatures youto archive. Just send the contract by e-mailcan improve these interactions. These signatures(automatically or manually) and get the deal closedprovide the convenience that documents can bewithin minutes.signed everywhere: while they are on holiday, a loancan be made definitive; deals can be closed quickly.Think about a one-time-offer at a fair. Even at yourdoorstep you can easily confirm the delivery of anorder.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SUSER EXPE RI E NCE

18In recent years, most countries worldwide haveadopted legislation and regulations that recognisethe legality of electronic signatures and deem it abinding signature. In Europe, thanks to the eIDASregulation, we have a legal platform, that allowsthe cross border usage and validation of electronicsignatures. Under this regulation all signature typesare treated equally in court.Electronic signatures provide authenticity andensure that the signer s identity is verified. This canstand in any court of law like any other signed paperdocument. By choosing a solution that is compliantto the relevant regulation, you ensure yourself to becompliant to these legal requirements.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SLE GAL COM PLI ANCE

169When it comes to signatures, authenticity andElectronic signatures are also efficient in a way thatsecurity are priorities. Each type of electronicthey are less error prone. Manual checks are a highersignature is already more secure than a manualrisk than automated processes. Another advantagesignature on paper. Certainly in case of anwith regards to security, is that electronic signatureselectronic signature. Thanks to the encryption ofallow you to set up an administration of consents,the document, you have the guarantee that thewhich is mandatory under GDPR law.document remained unchanged after signing. Withan electronic signature you also always sign theDepending on the type of security required, you canwhole lot of documents. There is no risk that someadjust the level. Do you need somebody to sign inpages have been added or removed afterwards.for a newsletter or for a 100.000 contract? In thelast case you want to be sure about the identity ofthe mandated person.The technical transfer of signatures differ in securitylevel. When high security is needed, you can includeencryption. By applying the right level, you can findthe right balance between user friendliness andsecurity.L A S IUGLNTAI MTUART EE ÉGLUEI CD TE RAOBNOI QUUT EE DLEACNTS RLOE NS IPC RSOI CGENSASTUUS RREHSS E C URIT Y

20Electronic signatures also come with a great positive impacton our environment and sustainability in general.1Signing remotely, no need to travelBeing able to sign documents electronically eliminatesthe need to travel. Signing can be done remotely, at anyplace in the world by simply using your computer ormobile phone. No business trips required which results ina positive impact on our environment, but also time- andcost savings and a much more pragmatic approach fordoing business in general.2Signing electronically, no need for paper documentsBesides not having to travel for placing handwrittensignatures, electronic signing also contributes to apaperless office. No need for printing, copying, scanningor physically archiving your signed contracts anymoreas the entire process will be digitized. Your company’sfootprint on our environment will be reduced as fromday one you start using electronic signatures. It leadsto less usage of paper, preserving our woods and yourcompany’s CO2 emission will be lowered as from the firstelectronic signature.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SPOS IT IV E IM PACT O N S U STA I N A B I L I T Y

21Signing electronically, no need for physical archivingIn many cases, documents to be signed can be uploadedwithin the electronic signatures tool for electronic signingand subsequently be stored within your companiesdocument management system. The entire process isautomated, meaning the risk of human error throughoutthe signing process is less.Some signing tools even offer the possibility to store andarchive those documents in a secure and safe way byincorporating an archiving component within their signingsolutions.Having not to print these documents (often in multiplecopies), drastically reduces the amount of paper used inyour offices. Additionally, documents are available onlineat any time and accessible from anywhere.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E S3

22E F F IC IE N CYElectronic signatures simplify processes and stronglyCOMPLIANCEWhen choosing an eIDAS compliant solution, thereduce document management time. The signingsignatures are legally valid across European borders.process can be automated, leaving out all manualUnder eIDAS, there are three signature types. All threetasks such as obtaining a signature, printing, scanning,can be legally effective. The difference between them isposting, archiving and verifying.the evidence needed to prove in court that the signatureis genuine and intentionally applied to a particularE N HAN C E C U STOMERRELATION S HIP Sdocument.Your customers expect businesses to provide onlineservices nowadays. Introducing electronic signatureswill provide you with the necessary tools to delight andFUTURE PROOFsatisfy your customers, avoiding customer churn.More and more countries work with a digital ID. This willincrease in the future, as from September 29th 2018, allEuropean citizens and companies must be able to logCOST RE DU CTIONin to organisations in the public sector in other memberElectronic signatures can be incorporated in anystates with their national ID. This will enhance the usebusiness process. It increases employee productivity andof electronic signatures as your national ID can serve asreduces many hours of man power, so employees cana digital identity backing an electronic signature, acrossperform other types of tasks that provide better value.borders.At the same time it drastically reduces administrativecosts. You’ll have a lower consumption of paper, no needSCALABILIT Yfor stamps, and ink, nor physical archive or scanningAs manual actions diminish, more documents can beprocessed and more customers served.facilities.TRAC K YOU R P ROGR ESSNo more losing time chasing signatures ever again.It can be frustrating and time consuming to wonder:“Has he signed yet?” or “Where is my document at?”.Electronic signature software makes it easy to track yourdocuments in an online dashboard, while some softwaresolutions will even give the possibility to send signers areminder email.SE CURIT YWith electronic signatures, you can safeguard yourdocuments with a high level of security and evidence.Each signature is protected with a tamper-proof seal,which alerts you if any part of the document is changedafter signing. Depending on the confidentiality, securitycan be adjusted. For the highest level of confidentiality,stronger types of authentication can be used. Signeddocuments thus come with a highly detailed evidence ofthe signer’s identity which gives you a strong guaranteeMO B IL IT YDocuments can be signed everywhere and on alldevices. This comes in handy for travelling managers butis also convenient for signatures at the door step.on document integrity and the signer’s identity.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SSU MMARY OF ADVANTAGES

How do electronicsignatures work?U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E S0523

24Before signing, a cryptographic function is usedprotocol, called Public Key Infrastructure (PKI). Thisto create a message digest (comparable withprotocol uses cryptographic algorithms to createsome data), called a hash. Afterwards this hash istwo long numbers. These are called keys. One of theencrypted (signed) with the private key of the signerkeys is public, the other one is private.and included in the electronic signature.As electronic signatures are unique to a signer, eachWhen the document arrives at the receiver, anothertime a signer signs the document, the signature ishash will be created. By decrypting the hash thatcreated using the signer’s private key. This privatewas included in the signature you will be able tokey is always securely kept by the signer and iscompare it with the hash that was created for theincluded in the signature when he signs. Basically,document. If they don t match, the receiver of thethe electronic signature securely associates a signerdocument will see that the document is tamperedwith a document in the form of a coded message.with, resulting in an invalid electronic signature.Next to this key, the signature also contains thecertificate of the signer including the public key andother information, like date and time at which thedocument was signed.001011011001010O R I GIN ALDO C U MEN TH ASH CALC ULAT IONEN CRY PTIO NPRIVATE110100101101101PUBLICS I GN EDDO C U MEN TH ASH CALC ULAT ION001011011001010D E CRY PTIO N 001011011001010WHOSEPUB L IC K E YIS TH IS?U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SElectronic signatures are based on a specific

Examples of electronicsignature methodsU LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E S0625

26U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SMany different signing methods exist. It variesfrom simple methods like an approval button ora handwritten signature to more advanced oreven qualified and therefore very secure signingmethods like for example signing with a nationalelectronic ID card.What you need to know is that, depending onthe signing method, a signing process is oftenpreceded by user authentication. This is theprocess of verifying someone s credentials priorto giving access to a system – in this case, signingelectronically.Although authentication doesn't necessarily meanAuthentication contributes to the enforceabilitya more cumbersome user experience it is still moreof signed documents as it validates with whom acomplex and demands more from the user than acompany, organization or institution is transactingsimple scribble with the finger on a smartphone orwith. Whether or not a company decides to askdesktop.for an authentication during the signing processwill depend on the value of the transaction and theIn this section, we want to give you more insights intrade-off with user experience.which signing methods exist today.DISCLAIMER: The information in this section is for general informational purposes only and is not intended to constitute legal advice. Connective does notguarantee the information contained herein is up-to-date or accurate nor we make any statements on the legal validity of signing methods. Please notelegislation governing electronic signatures is changing quickly and can differ in each jurisdiction. If you have questions about the content or statements madein this section, or about whether Connective's solutions fit the needs of your organization, please reach out to a legal professional in your region.

27Manual scribbleA basic, manual signature can be drawn on-screenby simply using your mouse or touchpad or usingyour fingers or a stylus on a touchscreen. This is alsoconsidered as an electronic signature.AaHandwritten signatureWith this signing method you type in your name usingyour keyboard. You will then be able to choose fromdifferent preconfigured handwritten fonts to representyour signature.Approval ButtonA simple click with your mouse on an approval button.This results in an approval signature.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SW ITHOUT AUTH ENTI CATI O N

28Biometric SignatureSigning with a smartcard or token (USB)To sign with a biometric signature a biometric signatureThe most commonly known kind of smartcard that canpad or biometric pen is required. The signature padbe used for electronic signing is the (national) electronicand biometric pen allow to capture the biometricalidentity card of a country like for example LuxID, Estoniancharacteristics of a signature, like where the pen isID, .beID,. Other specific examples of smartcards are thelocated, when the pen tip is pressed down, and how hardBelgian Lawyer ID, the Common Access Card (CAC) orit is pressed down. These biometric data are added to thethe Personal Identity Verification Card (PIV) in the USA,signature, creating a unique biometric signature profile,and many more.which would allow the signature pad manufacturer toverify the authenticity of the signature when required.This smart card contains a personal certificate with aprivate key which is issued by a qualified provider. In orderto sign documents, the signer has to put the smartcardin the card reader or insert the token in the USB port andenter his or her personal PIN code to authenticate him orherself.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SW ITH AUTH ENTI CATI ON

29With a one-time password (OTP) via sms or emaily In some onboarding processes a user identifies himselfWhen signing with an SMT OTP the mobile phone numberby choosing his username (often email address)of the signers must be known. In the signing process theyand password and sometimes by filling in somewill need to enter the last four digits of their phone number.extra information. These credentials can be usedIn return, they'll receive a one-time password via SMS whichto authenticate himself when signing documentsis needed to authenticate themselves.electronically.In case of an Email OTP, the email address of the signer isy If you want to go for a more secure login and passwordneeded. The signer needs to complete the email address.solution for signing, solutions like Swisscom enforce aIn return, a password will be sent to that address which isone-time identification via Face2Face or video to ensureneeded for the authentication.the signers identity. Afterwards the signer can choose toeither create a login and password combination to reusefor authentication purposes or on the signer can chooseto authenticate himself via a mobile application. Thanksto the previous identification, a personal certificate will belinked to the identity, which makes it much more secureresulting in advanced and qualified electronic signatures.y Also, the SSO (Single-Sign-On) principle is an exampleof signing with the login and password signing method.A person can use their credentials that are used to loginto a company’s platform to sign documents. This is oftencombined with a multifactor authentication.U LT I M AT E G U I D E A B O U T E L E C T R O N I C S I G N AT U R E SLogin and password (including SSO)

30Bank Authentication (sometimes in combination withA Mobile identity refers to a person’s digital identity, andMNO s mobile Network operators)the technology used to manage it, meaning an applicationIn some coun

ELECTRONIC AND DIGITAL SIGNATURE You may have noticed that the terms electronic signatures and digital signatures are used inter-changeably. However, there is a difference. A digital signature is always an electronic signature while an electronic signature is not always a digital signature. The difference is that a digital signature relies on a