When to use which electronic signature?
Updated
by
Chris Storms
Which electronic signatures does HR Selfservice support?
Checkbox (very simple but lowest legal value)
The employee checks the box to say that he/she has "read and approved" the document. Since the employee has to be logged in with his/her personal account to do this, HR Selfservice keeps track of who marked which document as "Read and approved" and when.
Manual
The employee signs the document by "drawing" a signature on the screen with the mouse. The signature is placed "on" the document and the document is encrypted. HR Selfservice also keeps track of who signed which document and when.
eID & ItsMe (more complex but highest legal value)
The employee signs the document with a card reader and eID or via ItsMe. The signature is placed "on" the document and the document is encrypted. HR Selfservice also keeps track of who has signed which document and when.
When to use which type of (e-)signature?
Every e-signature is a valid signature. In principle, it is therefore allowed to use an e-signature for all actions that require a signature.
However, only eID and ItsMe automatically have the same legal effect as the handwritten signature: there can then (almost) no longer be any dispute about the fact that the obligation to sign was fulfilled (proof of identity and consent of the signing party).
The checkbox and the manual e-signature offer fewer guarantees. It will be easier for a signatory to deny that he is bound by the signature. The party that claims the signature is a valid signature will then have to prove it.
To summarise: you always have to weigh up the risks: how important is the signature you need and the document it is to be affixed to? The greater the importance, the more reason you have to use eID or ItsMe.
Both parties must also agree to sign electronically. An employment contract whereby one party signs electronically and the other party signs on paper is not valid.
Contact your SD Worx legal advisor to be sure which (e)signature your specific document requires.