What is an electronic signature?
According to the E-Commerce Act, it is a distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
Is it the same as digital signature?
A digital signature is a type of electronic signature.
Are electronic signatures valid in the Philippines?
Yes. Provided that they comply with the requirements of the E-Commerce Act.
What are the requirements of the E-Commerce Act?
Sec. 8 of the Electronic Commerce Act states that for an electronic signature on an electronic document to be considered as an equivalent to the signature of a person on a written document, the electronic signature must be proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed. The requirements are
- A method is used to identify the party sought to be bound and to indicate said party’s access to the electronic document necessary for his consent or approval through the electronic signature;
- Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all circumstances, including any relevant agreement;
- It is necessary for the party sought to be bound, in or order to proceed further with the transaction, to have executed or provided the electronic signature; and
- The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.
What if I scan, copy, and then paste a “wet” signature, will that be considered a valid e-signature?
No. Because it does not comply with the requirements under the E-Commerce Act.
Can an electronic document with electronic signature be notarized?
Currently, no.
