Elisenda Fabrega: Rethinking Digital Signatures and Legal Consent
Authorization, generally based on handwritten signatures, is now unpredictable due to the increase of digital formats and the absence of awareness about their legal recognition in court. As a result, organizations and users choose more user-friendly alternatives such as clicking an acceptance button, ticking a checkbox, scanning, or drawing a signature on a screen. It is important to highlight that in these cases, although all digital signatures are lawfully recognized under eIDAS, the distinction between a basic and an innovative electronic signature becomes vital. Tools such as timestamping and audit logs that record appropriate details like IP addresses and device information will not just assist trace who carried out the action, when, and under what conditions but likewise enhance the signature’s attribution and verifiability. Based on the above, it becomes clear that a basic signature can be enhanced by adding security procedures, enabling it to reach the level of an innovative electronic signature. In contrast, a correctly structured digital signature supported by identity confirmation, timestamps, and immutable and safe and secure records can offer clearer, more objective, and tamper-resistant evidence. Looking ahead, it is sensible to think that this type of digital signature might not only match but even surpass the evidentiary reliability typically attributed to handwritten signatures.
As a result, companies and users choose more user-friendly options such as clicking an acceptance button, ticking a checkbox, scanning, or drawing a signature on a screen. It is important to highlight that in these cases, although all digital signatures are lawfully recognized under eIDAS, the difference between an easy and a sophisticated electronic signature becomes necessary. A checkbox can be ticked by somebody other than the legitimate owner of the computer system gadget, making it tough to link the signature to a particular individual or to show the intent behind it. Building Trust in Clicks: Strengthening Digital Consent Through Style and Evidence Therefore, to improve the evidentiary strength of a digital signature, it is vital to support it with procedural and technical steps, as it is developing an onboarding process. Tools such as timestamping and audit logs that catch relevant information like IP addresses and gadget information will not only assist trace who carried out the action, when, and under what conditions however also reinforce the signature’s attribution and verifiability. Based on the above, it ends up being clear that a basic signature can be strengthened by including security procedures, allowing it to reach the level of a sophisticated electronic signature. In contrast, an effectively structured digital signature supported by identity confirmation, timestamps, and immutable and safe records can offer clearer, more unbiased, and tamper-resistant evidence. Looking ahead, it is affordable to believe that this type of digital signature might not only match but even surpass the evidentiary dependability traditionally attributed to handwritten signatures.
