If You Print an E-Signature, is it still legally valid?
Nathanael Baier
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There is no question, digital signatures are being adopted by more and more companies at an ever increasing speed. So, if you are among the smart many who have adopted digital signatures, have you ever wondered if you can print a digitally signed document?
Now, you may be thinking, "Pift, of course I can print a digitally signed document." and you would be right. Well, 95% right. You see, while you can print a document that was signed digitally, you cannot print a digital signature. Have I piqued your interest? Good. ??
The term Digital Signature, does not refer to the scribble you see on the screen (That's actually the e-signature). Rather it is referring to the cryptographic algorithm that locks the document, proves the identity of the signers and the authenticity / validity of the document. So, by it's very nature, a digital signature cannot exist outside the digital world. (Makes you think of the movie Tron right? ??)
So what happens to a document, that was digitally signed, when you print it?
When you print it, the digital signature, the mechanism of proving the validity, is lost. You can no longer verify the authenticity of the document, and the the signature cannot be validated. Essentially all you're left with is a piece of paper with an e-signature watermark on it, which can easily be replicated and forged. With that piece of paper, you have no way of authenticating the identity of the signers either.
So, should you print a document that was digitally signed? In short: No, but you can.
If you have gone to the lengths of implementing a digital signature solution in your company, it would defeat the purpose to print and store that document physically. When would you print it then? In an ideal world, never. That would enable you to stay secure, AND save a tree. ?? But maybe you like to have a physical page to read from, or have for your personal records. So there is nothing stopping you printing that page.
But, you should never expect to use that printed page in court. Instead, make sure you keep the "original", the digital version of the document, which still has the digital signature embedded in it. But, is that really an original? Especially if there are multiple copies, one for each signatory? Yes.
Let's take Luxembourg law for an example. According to article 1325 of the Luxembourg Civil Code, deeds that are under a private "seal" must be drawn up in as many originals as parties, however, it makes an exception with regards to private deeds signed electronically. So yes, a digitally signed document, with a digital signature can be considered an original.
In today's modern world, there really is no excuse for companies big and small to not start using digital signatures if they haven't already. There was a time when the cost of implementing such a solution was a real issue. Not today. The cost savings of going green ?? and using tech like document management systems such as Therefore and digital signature platforms like PleaseSign are too good to be ignored. The cost of ink alone should be enough to tip the hands of many a manager, director or CEO. Not to mention the need for so many more companies to go ecofriendly and do their part to preserve our ecosystem. So, maybe it's time to ask yourself: "What's stopping me?"
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2 年I'm exploring digital signatures to help internal workflow plus a convenience to clients. One hurdle I see, at least for my application, is that certain documents must be mailed. So, say, a Release of Information is accompanied by court or state issued documents that require original seals. The client signs the Release, but then I have to physically print to include in the packet. If there were some key code underneath the signature or something stating validity, that would be immensely helpful.
Great points Nathanael. I always find it bewildering at the resistance to adoption of technology that is not only more convenient and productive than traditional methods but also more secure.
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3 年Really interesting Nathanael! Even though it doesn't make sense to print a digitally signed document I can understand why people do it. Habit. This reminds me of when people would print their emails in the early days ?? Soon people will no longer print digitally signed documents....Especially ones signed by PleaseSign Europe!