Does your jurisdiction maintain a list of trusted entities to qualify e-signatures?
Certified Electronic Signature is a Secure Electronic Signature backed by an electronic certificate from a recognized certification service provider or certificate authority (CA). Currently, two companies in Israel have been certified as having authority to issue Certified Electronic Signatures and recognized as the certification authorities: Comsign and PersonalID.
Please provide a quick overview of the law, i.e., types of contracts that qualify for use with e-signature.
The Law stipulates three types of electronic signatures:
(a) Electronic Signatures,
(b) Secure Electronic Signatures, and
(c) Certified Electronic Signatures.
What is the legality of e-signatures in your jurisdiction? Are there key exceptions?
Each type of electronic signature has a different level of evidentiary weight.
Regular Electronic Signature will depend significantly on the circumstances.
Secure Electronic Signature admissible in any legal proceedings as prima facie evidence that the document was not changed after signature, and that the document was signed by means of the applicable signing device.
Certified Electronic Signature prima facie evidence that the document was signed by the individual designated as the owner there.
What is the e-signature law enforceable in your jurisdiction?
1. Electronic Signature Law, 2001 (the “Law”)
2. Electronic Signature Regulations (Secure Electronic Signature, Hardware and Software Systems and Application Testing), 2001
3. Electronic Signature Regulations (Registering Approving Authorities and Management), 2001