Is digital signature legally binding?

This is one of the main questions regarding digital signature.
Understand how legal validity works online.

Yes, digital signature is legally valid

First, Brazilian legislation allows signing and managing documents digitally since 2001, from Provisional Measure 2.200-2/2001, which established the Brazilian Public Keys Infrastructure – ICP Brazil.

ICP-Brasil is an agency that enables the issuance of digital certificates and regulates the use of digital and electronic signatures. With MP 2.200-2, Brazilian legislation has confirmed the use of eSignature and all its modalities. This was extremely important, as it inserted Brazil in the context of document digitalization.

Therefore, yes, both digital signature and eSignature have legal validity and are based on MP 2.200/2001, which, among other things, concerns the guarantee of authenticity, integrity and validity of documents in electronic form.

Download the material for free: Assinatura Digital: o Guia Completo de Validade Jurídica

Types of signature and the legal validity of each:

Digital Signature (with certificate)

This is the digital signature that needs the Digital Certificate and has the same legal value as the handwritten signature with recognition of a notary’s office, as defined in §1 of Art. 10 of Provisional Measure 2.200-2/2001. To use it you need to upload the document in a signature portal and use an e-CPF or e-CNPJ Certificate. Law 14.063/2020 calls it a qualified electronic signature.

In order for the digital signature to be legally effective, in cases where the document is signed on behalf of a company, it must be made through the Certificate of the legal representative(s).

eSignature (without certificate)

Guaranteed by §2 of art. 10 of Provisional Measure 2.200-2/2001, the authorship of this signature occurs electronically, through the collection of information such as: e-mail of the signatory, CPF and IP of the device used to perform the signature

It is also called simple electronic signature by Law 14.063/2020.

What about the "digital rubric"?

Many people believe that signing an online document is scanning a document or “signing” into editing programs. But these processes are not digital signatures, and do not have legal validity. Many people think that to authenticate and sign an online document, you need to insert a digital rubric into the document, but that is not true. Manual signatures and rubrics should only be used in printed documents! In online formalizations, it is necessary to use electronic or digital signature, as these tools guarantee the authorship and integrity of digital documents. In addition, another factor that guarantees the inviolability of the electronically signed document is the hash code, which appears on all pages of the document, making it as a digital “rubric” that guarantees the authenticity and integrity of the document.

Want to learn more about digital signature security?

Is signing documents via Contraktor valid?

Documents signed via Contraktor have validity and legal effectiveness guaranteed by Provisional Measure No. 2200-2/2001, which equates the digital document to the physical one.

What are you waiting for to sign your business documents electronically with validity and security?

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