Electronic signatures (also known as e-signatures) are used to digitally record consent to documents. Technically speaking, this involves the linking of electronic data which allows conclusions to be drawn about the identity of the person signing and the unchanged nature of the signed document. E-signatures play a decisive role in the digitalisation of business processes.

They prevent media disruptions caused by handwritten signatures: Instead of printing out documents, signing them manually and then capturing them again digitally, electronic signatures can handle the entire process digitally. This saves costs and speeds up the process, as delays caused by manual steps can be avoided.

In the field of electronic signatures, there are various types which differ in terms of bindingness and complexity, as shown in the following diagram. The term "digital signature" is often used. This is a technical term that refers to a class of cryptographic (i.e., mathematical) procedures that can be used to generate advanced or qualified electronic signatures. The "electronic signature," on the other hand, is a purely legal term that was first used by the European Commission in a revised draft of EU Directive 1999/93/EC in order to avoid tying the legal regulations to a specific technology.

1. Simple electronic signature: The simple electronic signature does not claim to be forgery-proof and enjoys only limited evidentiary value in court. Nevertheless, this form of electronic signature is permitted / valid for form-free agreements according to § 127 BGB. Example: Simple text or image information to identify the author, such as a generated image caption on a document generated in the process or an automatically attached mail signature (name and address). Advanced electronic signature
2. Advanced electronic signature: Allows both verification of signature and the fact whether contents document have been manipulated since signing. To create the signatures, a key is generated that is given only to the user authorized to sign. The methods used ensure a high level of evidence evaluation in court and can therefore be effectively used to replace the most common business correspondence. Example: Digitally signed documents or e-mail traffic according to S/MIME standard.  
3. Qualified electronic signature: The qualified electronic signature differs from the advanced one in the process of creation and transfer of the key used for signing. The key / certificate has a validity period and must be issued with an identity check by a so-called secure signature creation device (e.g. a special / verified card reader). In Germany and Switzerland, only the qualified electronic signature fulfills the requirements for which the written form is prescribed by law.

A digital signature is a subset of the electronic signature. But not every electronic signature is a digital signature. The digital signature is an encryption technology that underlies the electronic signature. Unlike an electronic signature, it is not the intention of a person to sign a document and thereby enter into a contract or agreement.

The digital signature (set of characters inserted subsequently into a document) serves to identify the signatory and, since it cannot be manipulated, altered or copied, also to confirm that the signed document has not been changed from the original. The digital signature can do what the electronic signature alone cannot: It identifies the signatory.

Is an electronic signature also a digital signature?

Electronic signature    

1. Function: Electronic signatures identify the person signing, their intention and their consent.    
2. Properties: The Electronic Signature is any mark placed on an electronic document.    
3. Encryption: The electronic signature does not use encryption.    

Digital signature

1. Function: The digital signature supports electronic signatures, secures sensitive data, strengthens the trust of signatories and detects manipulation attempts.
2. Properties: The digital signature creates an electronic fingerprint
3. Encryption: The digital signature uses encryption.

The following use cases for the eSignature include

• Providing contracts with legally valid electronic signatures
• Supporting multi-level business processes that require signatures from different instances
• Read confirmation of need-to- / must-know information
• Secure archiving of documents

• Evaluate the classification of the software requirement according to on premise / cloud
• Bewerten Sie die Klassifizierung der Softwareanforderung nach on premise / cloud
• Where is the data storage? Do you want documents signed on your server or is the document located somewhere in the cloud? DocuSign is basically in the US cloud.
• Include the consideration of data protection requirements regarding EUGH in your selection.
• How is the integration and use of the signature solution planned in connections to internal / external DMS, ERP and services. Will your documents be captured from one solution and combined with other systems? Do you integrate the signature solution in BPMN2.0 - process flows in a digital platform like the TQG businessApp cloud platform?

eSignature solutions from external providers can also be integrated into the smartLCM. This allows you to choose freely between TQG Sign and third-party solutions: 3rd Party Integration