The eIDAS regulation sets out the rules for the legal use and recognition of electronic signature procedures in the Member States of the European Union. A trusted service provider must comply with these regulations.
The European Commission identifies and lists by country the certified trust service providers recognized throughout Europe.
The eIDAS Regulation also establishes the principle of non-discrimination. The legal admissibility of a signature cannot, therefore, be refused on the grounds that it is in electronic format. Any electronic signature made through a trusted service certified by a European Union country, therefore, has evidential value within the whole European Union.
The European eIDAS regulation has been transposed into English law via the statutory instrument “The Electronic Identification and Trust Services for Electronic Transactions Regulations 2016”. This regulatory text and section 7 of the Electronic Communications Act 2000 are the two legislative documents that establish the legal value of the electronic signature in the United Kingdom. They reflect the rules of use and the principle of non-discrimination established by the eIDAS Regulation.
In the United Kingdom, the ICO (Information Commissioner's Office) is the leading body in the field of electronic signatures. It identifies and monitors trusted service providers to ensure their compliance with the eIDAS Regulation. It is also in charge of the certification of trusted service providers, which are then at the European level.
Employment contracts, quotations, commercial agreements, real estate purchases, etc.: with a few rare exceptions, the vast majority of documents can be signed electronically in the United Kingdom. The electronic signature applies to all professions and sectors of activity.
Some documents need to be handwritten and are therefore not suitable for electronic signature.
Real estate documents that are handwritten and/or that must be recorded with the land registry and the property tax registry are therefore excluded. Also concerned are various rental documents such as leases of more than 3 years’ duration.
e.g.: lease amendment deed, lease assignment, deed of transfer of ownership, mortgage, easement deed, etc.
Several documents related to family law are also exceptions, requiring handwritten references.
e.g. marriage contract, separation agreement, exclusion of liability clauses.
Documents intended for the tax authorities (HM Revenue & Customs) requiring payment of stamp duty) cannot be signed electronically either.
Finally, documents such as company accounts that cannot be registered via the web services of Companies House are excluded
Yousign issues its own certificates in accordance with the eIDAS regulation, making it a recognised certification authority (CA) in Europe. This level allows Yousign to provide more secure electronic signatures using digital certificates.
Yousign meets the requirements of European regulation and has eIDAS certifications.
View our eIDAS compliance certificates for :
Yousign is a player in digital trust that protects both its customers and users, the data and documents exchanged, and accepts legal liability for the services offered.
Yousign is included in the European Commission's global list of trusted service providers.
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