What is the legal validity of electronic signatures?

Electronic signatures are becoming an essential tool in the range of digital solutions designed to optimise HR management in companies. However, it must be used correctly to avoid the administrative, legal and financial risks associated with an invalid signature. Why and how should you implement an electronic signature system that is both rigorous and compliant with regulations? Avoid the pitfalls with advice from the experts at iLeo.

What are the advantages of electronic signatures for your HR management?

Among the advantages of electronic signatures, the most important is the time saved for your HR employees. This digital functionality spares you a series of time-consuming tasks such as printing and sending documents or organising face-to-face interviews. By freeing up your employees' time, e-signatures also enable you to better allocate the talents ofyour human resources and save money.

You'll also notice a considerable acceleration in the procedure for signing your documents. Time spent sending letters and receiving signed documents is a thing of the past. What's more, you no longer have to wait for an available slot in your contacts' diaries to sign a document in person.

Opting for a digital solution means a smoother, lighter process for your HR teams. Your employees are no longer chasing signatures. They process them using software that automatically centralises all documents and their status. Optimising document management is an additional benefit, as this system helps to limit loss and omissions.

Generally speaking, the use of electronic signaturesis part of a strategy to digitalise your business. This makes your HR management processes smoother, faster and more professional. Your company is at the cutting edge of trends in digital HR management and is taking care of the modernity of its brand image.

The use of electronic signatures also offers greater flexibility, which is particularly relevant for companies that take on staff under tight deadlines. Do you need to hire students or flexi-job workers at the last minute? Sending and signing an electronic contract is now just a few clicks away! Generally speaking, the automation of electronic signatures simplifies and speeds up your human resources management.

What are the uses of digital signatures in the world of human resources?

The concept of the electronic signature has been enshrined in Belgian law for some twenty years now. Its legal framework is evolving in line with technological advances and societal thinking on data security. On the business market, the use of online signatures underwent a marked evolution during the Covid19 pandemic, as did teleworking and remote business meetings.

Today, electronic signatures are becoming widespread in companies, particularly in human resources departments. The digital signature is being adopted by HR for a range of official documents such as employment contracts, contract amendments, the RGPD, internal regulations and any confidentiality agreements. But it is also useful for signing operational agreements that are part of an employee's life, such as appraisal interview reports or certificates for the provision of equipment.

What are the 3 types of electronic signature defined by European regulations?

The European eIDAS (electronic IDentification,Authentication and trust Services) regulation, adopted in 2014, defines 3 types of digital signature. These signatures all have legal value, but they are associated with distinct levels of certification and specific processes. To protect the validity of your documents and transactions, as well as guarantee the security of your business and your employees, mastering these regulations is essential.

1. Simple Electronic Signature (SES): this is a classic signature in its simplest form,without a certified identification system for the signatory. For example:accepting a document via an "I accept" button, putting your name atthe end of an e-mail or scanning your handwritten signature. It may besufficient to receive an order form, for example.

2. Advanced Electronic Signature (AES): this signature uses a system of digital keys. The signatory has a private key that uniquely links him to his electronic signature. If this is called into question, the burden of proof lies with the signatory.

3. Qualified Electronic Signature (QES): only a qualified signature has the same value as a handwritten signature. It requires the use of a digital identity certificate (of the Itsme type), issued by a service provider accredited by the European Union. If its validity is challenged, it is the disputing party who must provide proof. This level of signature is highly recommended for contracts and legal documents.

What should I look out for when choosing an electronic signature system?

In the collective imagination, we often attribute legal validity to a signature made with a finger or a stylus on a touch screen. As prescribed by the eIDAS regulation, the reality is more subtle. Putting your signature on a PDF document via a screen does not have the same legal value as a handwritten signature. Consequently, in the eyes of the courts, an employment contract signed in this way may be considered invalid.

At iLeo, we urge you to exercise caution, particularly when a supplier offers you a form of electronic signature that is free of charge or without specifying its quality. A qualified signature, as defined by European regulations, requires encryption, certification and security of your data. This naturally entails a financial cost, but it is an essential investment in the security and legality of your documents.

By offering you an unqualified electronic signaturewithout telling you, your supplier is exposing you to considerable legal and financial risks. Here's an example we've seen at iLeo: a company is ordered to pay 3 months' compensation to a former employee because his contract, which was simply signed electronically, is considered invalid. The cost to the company was in excess of €10,000, to which must be added the costs of legal proceedings and lawyers, as well as the loss of time and energy. It doesn't take long to calculate the return on investment of a qualified electronic signature!

At iLeo, we have opted for optimum security in compliance with Belgian and European legal provisions. We offer all levels of security for your documents, from a simple signature to QES level. These services are integrated into our HRIS platform and provided by one of the 3 world leaders in electronic signatures, carefully selected by iLeo.

Would you like more information on electronicsignatures and compliance? iLeo's specialists are here to help you, contact us!

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