Are electronic transactions safe? The number of electronic access options available has multiplied in recent years. There are many reasons to take an electronic job in your company. But using different solutions can make you question whether your data, documents and information are secure.

It is essential to make a certain selection when choosing a supplier. Therefore, continue reading to discover what makes DocuSign eSignature secure, compatible and legally binding.

Electronic security

It is important to use an electronic security solution that protects and creates documents that you can trust. Our electronic security solution allows a variety of methods to identify and authenticate signatories. This variety of types of security complies with national and international electronic security laws.

DocuSign follows a compliance process to keep documents and electronic transactions secure.

How DocuSign Keeps Electronic Passwords Secure?

• DocuSign authenticates the identity of the signatory, so that electronic records are not falsified.
• The DocuSign eSignature documents are only linked to the signatory by means of an e-mail address, an IP address or other information. You can click on the assignment to validate.
• It is not possible to alter the content of the contract after it has been signed. All alterations are marked so that all signatory parties are vejam.
• An audit trail is generated for each document, and it captures everything that happens as a document with data and time records.
• DocuSign has ISO 27001 certification and provides banking level security and guarantee.
• The Certificate of Completion of the DocuSign is admissible in judgment and contains an audit trail of e-mail addresses, data and time records, and the IP address of the signatory.

Beware of non-compliant electronic security applications

We test other applications and many simply "queue" an image in a PDF. Why is this a problem? This is a document with no real value. It is not certain because the document is not linked to any guarantee that it was assigned by a certain person or to any "prova" that makes the assignment legally binding.

First of all, you can modify the content of the document after it has been submitted and you do not know anything more. This process can place you, your team and your contracts on the shelf.

Consider this example: someone with bad intentions could throw a photo of your assignment in a paper document or in an e-mail and simply “upload” the image in some of the applications. He may then create a contract stating, for example, that you agreed to pay him R$5,000 and attempt to collect it. What proof exists that you committed or did not commit or that this wrongdoer created or contracted fraudulently? Or what should you do?

The use of applications such as this is dangerous because you cannot affirm that a document should be considered reliable. These applications do not offer sufficient protection for the signatory or the content.

Electronic assignment x handwritten assignment

But wait a minute: why don't I write the assignment on paper? Nowadays, an electronic document is more useful than a handwritten document because there are layers of security and authentication. The electronic office carries loads of information about who is murdered or what, where and when or who is murdered. A handwritten document can easily be copied or altered, but an electronic document that follows security protocols, such as those used by DocuSign, does not. Find out more about the differences between electronic writing and handwritten writing.

Is a printed document more valid than an electronic document?

The electronic document may have the same legal validity as the printed one. For this reason, it is necessary that it be possible to guarantee authenticity (verification of authorship) and integrity of the work. Isso means ensuring that the assinou was really the person indicated in the document that has not been subjected to any unintentional manipulation.

A way of certifying this is with the realization of electronic assinatura. Care must be taken not to confuse electronic inspection with digitizing a manual inspection and inserting an image of it into a document. For the electronic assignment to be valid, it must be carried out in a safe environment and with technology that meets the industry standard, in order to preserve the aforementioned conditions.

What makes an electronic assassination legal in Brazil?

In Brazil, the electronic documents, specifically, have legal validity given by Provisional Measure 2.200-2/2001, which is still in force because of Constitutional Amendment No. 32/2001, which determined the obligation for Congress to convert the provisional measures into law within the period of 60 days (extended for the same period), dated 9/11/2001, some days after the publication of MP 2,200-2 (8/24/2001).

This MP, even, does not provide security only to security via digital certificate, but to any other form of electronic security. Article 10, § 2 of Provisional Measure 2.200/2001-2 is quite clear in its meaning:

“The provision of this Provisional Measure does not prevent the use of other methods of verification of the authorship and integrity of documents in electronic form, including the use of certificates not issued by ICP-Brazil, since the parties have been admitted as valid or allowed to accept the document.”

In this way, the consolidation of a contract by means of an electronic recruitment platform that uses login/senha and subsequent insertion of the image of your signature, for example, has full legal validity, both as well as authentication by digital certificate.

Also, this type of celebration has been most used in many segments for its well-known practice (it does not depend on tokens or smart cards), and can even be used as a cell phone.

But there are also other legal diplomas that can validate an electronic contract, such as the Civil Code, in its article 441, in verbis:

“Electronic documents produced and preserved in compliance with specific legislation will be admitted.”

Or what does jurisprudence say about the legal validity of two electronic documents?

There is vast jurisprudence that ratifies the provision of Brazilian legislation on the subject. One of them is Appeal Cível 20140111450486, from TJ-DF, which deals with the appeal of a broker who alleges illegality of a purchase made inadvertently in a self-service banking terminal:

“In the absence of a written contract and it is irrelevant to prove the obligational link, once this formality is not essential for the validity of the declaration of votes related to electronic contracts, so that the existence of this link can be demonstrated by other means of proof admitted in direito, not in the case of two records or a demonstrative extract of the In addition, the contract was signed by electronic means through the use of personal information for the exclusive use of the correspondent, without the written contract.

In this way, documents obtained electronically or digitally can fully prove what is to be demonstrated, provided that integrity and authenticity can be proven.

This understanding explains why the mere oil in a contract displayed on the internet represents, perante the tribunais, potential legal validity (since, of course, the requirements above are not present). If a simple click on a purchase button for a non-ATM banking service serves as a valid contract, why imagine that a contract formalized in writing, signed electronically, would not serve?

It is worth noting that in the electronic contract, elements such as IP of origin of the operation, geolocation, operational system and electronic security are only used as legal evidence that there has, in fact, been an agreement concluded between the parties.

Given the flexibility of forms legally permitted in the celebration of a contract, it is recommended that companies use resources that become valid or less controversial as possible. It is here that we enter electronic security platforms, created to ensure the legal validity of documents that have already been created in the digital sphere, performing the third-party role of trust.

Likewise, the use of tools such as IP storage, CPF identification, senha, biometrics and electronic inspection eliminates any margin of doubt in judicial proceedings regarding the legality of the parties' statements.

What electronic security solutions are safe?

If you are concerned about the security of your security, make sure you use an electronic security solution that protects and creates documents that you can trust. A good solution will protect it from unwanted alterations after cleaning. It will also ensure that there is an audit trail and authenticate the identity of the signatory to offer security and life protection. DocuSign provides all these attributes and much more.

To discover the benefits at your own expense, request an award through our site.

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