Cross-Media Electronic Reporting Rule

Lesson 5: Defining "Valid Electronic Signatures"

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So what makes a valid electronic signature?

A valid electronic signature on an electronic document is one that is created with an electronic signature device that is:

  • Uniquely entitled to a signatory
  • Not compromised
  • Used by a signatory who is authorized to sign the electronic document

Resources:

Valid Electronic Signature

Valid electronic signature refers to an electronic signature on an electronic document that has been created with an electronic signature device. The identified signatory is uniquely entitled to use the signature device for signing that document provided that this device has not been compromised, and where the signatory is an individual who is authorized to sign the document by virtue of his or her legal status or his or her relationship to the entity on whose behalf the signature is executed.

Electronic Signature Device

Electronic signature device refers to a code or other mechanism that is used to create electronic signatures. Where the device is used to create an individual's electronic signature, the code or mechanism must be unique to that individual at the time the signature is created and he or she must be uniquely entitled to use it. The device is compromised if the code or mechanism is available for use by any other person.

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