Q: What is an electronic signature?
A: An electronic signature (or e-signature) is a catch-all term for any electronic method used to sign a document. It represents the signer’s intent to accept and be bound by the terms of the document. However, the legal effects of an electronic signature can vary depending on the type of e-signature and the laws that apply.
Q: What’s the difference between an electronic signature and a digital signature?
A: The terms “electronic signature” and “digital signature” are often confused. An electronic signature refers to any electronic method used to sign a document. A digital signature, on the other hand, is a specific and reliable type of electronic signature that uses cryptographic techniques to authenticate the signer’s identity and ensure that the document’s content has not been altered after signing.
In short, the two terms shouldn’t be used interchangeably: all digital signatures are electronic signatures, but not all electronic signatures are digital signatures.
Q: What’s the difference between the three levels of electronic signatures (simple, advanced, and qualified) under the EU eIDAS Regulation?
A: In the European Union (EU), the EU eIDAS Regulation (910/2014) defines three types of electronic signature, each offering different levels of security and legal certainty.
1. Simple Electronic Signature (SES)
The most common and basic type. It includes any electronic method that shows a person’s intent to sign—for example, clicking a “Sign” button or typing a name. While a SES is suitable for most everyday agreements, their legal strength can vary depending on the type of document and jurisdiction.
2. Advanced Electronic Signature (AdES)
A more secure type of e-signature that is uniquely linked to the signer. It uses advanced authentication and cryptographic methods to verify the signer’s identity and to detect any changes made to the document after signing.
3. Qualified Electronic Signature (QES)
The most secure and legally recognized type of e-signature under EU law. It’s treated the same as a handwritten signature across the EU. A QES is created by a qualified electronic signature creation device, and is based on a qualified certificate for electronic signatures issued by a qualified trust service provider after strict identity verification.
Q: Can I use WeTransfer Sign to sign documents worldwide?
A: WeTransfer Sign provides an electronic signature that qualifies as a Simple Electronic Signature (SES) under the EU eIDAS Regulation (910/2014) and an electronic signature under the U.S. Federal E-Sign Act.
This means you can generally use WeTransfer Sign to sign documents in many jurisdictions. However, the specific requirements for electronic signatures and transactions may vary depending on the country (or U.S. state) and the type of document that needs to be signed. For example, certain types of documents may not be eligible for electronic signature, or may be subject to additional requirements depending on the applicable law. If you’re unsure, you should check the applicable requirements before signing. WeTransfer is not responsible for determining any of the foregoing and does not provide legal advice.
Q: Can I revoke my signature after signing with WeTransfer Sign?
A: Depending on the type of document and the applicable law, you may have the right to revoke your consent to a signed document or use of electronic records. However, once you’ve completed the signing process through WeTransfer Sign, the signature itself cannot be technically undone or removed.
If you signed a document by mistake or wish to withdraw your agreement, please contact the person or organization that sent you the document.
Please note that WeTransfer Sign cannot cancel or invalidate a signature once the signing process is complete and does not provide legal advice on whether you may revoke your consent or withdraw from a signed document.