Is an electronic signature legally binding?

Related questions

• Which level of e-signature do I need for my contract?Electronic signature
• What is the difference between simple, advanced and qualified electronic signatures?Electronic signature
• Is a typed name or an email enough to count as a signature?Electronic signature

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• What is an electronic signature?

  An electronic signature is data in electronic form that a person uses to sign, such as a drawn signature or a typed name; the EU eIDAS Regulation defines it in Article 3(10). HawkOpen offers this basic, simple type.

• Is the HawkOpen e-signature advanced or qualified?

  Neither. HawkOpen offers only a simple electronic signature; it is not advanced or qualified, and HawkOpen does not issue qualified certificates. For a qualified signature you need a qualified trust service provider.

• Is there a free e-signature tool to sign a PDF online?

  The HawkOpen Free plan includes 1 signature request a month. The person who signs needs no account; you need a free HawkOpen account to send the request. For now the e-signature is a preview, because it accepts documents only once external file scanning is switched on.

• How do I add an electronic signature to a PDF or Word document?

  HawkOpen does not edit PDF or Word files. It sends a PDF to the person who should sign: they open a link, confirm access with a code from the email, and draw a signature or type their name. For now this is a preview until external file scanning is switched on.

• How do I ask someone for a signature by email?

  In HawkOpen you create a signature request with the signer’s email address. HawkOpen emails them a link; they confirm access with a one-time code, then sign or decline, and you are notified and get an evidence report. For now this is a preview until external file scanning is switched on.

• How much does an e-signature cost in HawkOpen?

  Signature requests are part of the HawkOpen plans: Free includes 1 a month, Pro 5 a month and Business has no monthly limit. For now the e-signature is a preview, because it accepts documents only once external file scanning is switched on.

• Can I sign in HawkOpen with a national e-ID or a government e-signature?

  No. HawkOpen does not connect to national e-ID schemes, trusted profiles, government signature services or qualified signature cards. Its signature is simple: the signer draws it or types a name after confirming a code from the email.

• What is the best e-signature app?

  HawkOpen does not rank e-signature apps. Choose by the signature level you need first: for a qualified signature you need a qualified trust service provider; for a simple signature with an evidence report, HawkOpen is one option, still in preview.

• What is the difference between an electronic and a digital signature?

  “Electronic signature” is the broad legal term: data in electronic form attached to or logically associated with what is being signed and used to sign it. “Digital signature” usually means the cryptographic technique behind advanced and qualified signatures; in Italy, “firma digitale” is the name of a type of qualified signature.

• Will an electronic signature hold up as evidence in court?

  A court can admit an electronic signature as evidence; how much weight it gets depends on the applicable law and the circumstances of the case. HawkOpen’s evidence report helps by recording what happened during the signing.

• How does signing work for the signer, and do they need an account?

  No account is needed. The signer opens the link from the invitation email, confirms access with an 8-digit code sent to the same address, reads the PDF, ticks the consent box and draws a signature or types their name, or declines.

• The signing code did not arrive. What should I do?

  HawkOpen sends the code by email, not by text message, to the address the request was made for. Check spam and other folders, wait a minute and request a new code on the page; each code is valid for 10 minutes.

• How long does a signing link stay valid, and can it expire?

  A signing link works for at most 7 days, and you can set an earlier end date when you create the request. After that the link no longer opens, and an expired request cannot be extended: send a new one.

• What happens if the signer declines to sign?

  The signer can press “Decline to sign” and confirm. The request then closes for good, the decline is recorded with its time, and HawkOpen emails you.

• Can I resend, cancel or edit a signature request after sending it?

  While the request is waiting, you can send a reminder, which repeats the invitation, and you can delete the request at any time. You cannot edit it: to change the document, signer or end date, delete it and create a new one.

• Can HawkOpen remind the signer to sign?

  Yes, by hand: while the request is waiting for a signature, you send a reminder from your dashboard and HawkOpen emails the signer again. There are no automatic reminders on a schedule for signature requests.

• Can I send one document to several signers or set a signing order?

  Not in one request. A HawkOpen signature request has exactly one signer, so there is no signing order either. For several people, create a separate request for each; each gets its own evidence report.

• Can I add fields such as initials, a date or text for the signer to fill in?

  No. The signer reads the PDF and adds one signature, drawn or typed, for the whole document; there are no form fields, initials on each page or date fields. Fill in the PDF before you send it.

• Can the signer draw or type their signature?

  Both. The signer draws the signature with a mouse, finger or pen in a box on the page, or types their name. HawkOpen needs a drawing with enough points or a typed name of at least two characters.

• In which languages is the signing page shown?

  The signing page and the emails to the signer (the invitation, the reminder and the one-time code) are in English, Polish, German, Spanish, French, Portuguese and Italian. The language is the one chosen for the recipient when the request is created, otherwise the language of the sender’s dashboard; when neither is set, the page and the code email follow the signer’s browser, and the invitation and reminder are in English. The consent sentence on the page is in that same language.

• Can people sign on a phone or tablet?

  Yes. The signing page works in a phone or tablet browser, and the signature box accepts a finger or a stylus. No app is needed.

• What does the e-signature evidence report (audit trail) contain?

  The report lists the document title and its SHA-256 fingerprint, the signer’s name and email address, IP address and browser, the recorded consent, the times the request was created, the invitation was accepted by the mail provider, the document was viewed and signed, and the drawn or typed signature.

• Can I download the signed PDF and the evidence report, and is the signature placed on the PDF?

  After the document is signed, you download the evidence report as a PDF from your dashboard. HawkOpen does not stamp the signature onto your document: the original PDF stays unchanged, and the signature appears in the separate report.

• Does the signer receive a copy of the signed document?

  Not automatically. After signing, the signer sees a confirmation page, and HawkOpen emails only you. If the signer needs a copy, send them the PDF and the evidence report yourself.

• How can someone verify the evidence report without a HawkOpen account?

  The report contains a verification link that anyone can open without an account. The page checks HawkOpen’s Ed25519 signature on the record and shows only the document’s SHA-256 fingerprint, the key ID and the time of signing; it shows no name, email address or IP address of the signer.

• How do I know a signed PDF was not changed afterwards?

  Compare fingerprints. The evidence report contains the SHA-256 fingerprint of the original PDF; compute the fingerprint of your copy with any SHA-256 tool (for example certutil on Windows or shasum on a Mac) and compare. If even one byte changed, they differ.

• Does the evidence report use a qualified timestamp?

  No. The times in the report come from HawkOpen’s server clock at the moment of each event. They are not a qualified electronic timestamp from a trust service provider.

• Does HawkOpen verify the signer’s identity with an ID, SMS or video?

  No. HawkOpen checks only that the signer can read emails at the address on the request, by sending a one-time code there. That shows access to the mailbox, not who the signer is or whether they may sign for a company; HawkOpen does not check ID documents, phone numbers or faces.

• What personal data of the signer does HawkOpen store?

  The signer’s email address and name (if you entered one), the IP address and browser seen when they sign or decline, their consent, the drawn signature or typed name, and the time of each step. The signed record keeps only a hash of the email address, and the public verification page shows no address at all.

• How long are signed documents and reports kept, and does a signature expire?

  HawkOpen has not published how long it keeps signed documents and evidence reports. Download the report after signing and keep it with the original PDF, so your evidence does not depend on HawkOpen.

• What is the difference between a signature request and accepting a proposal?

  A signature request asks one person to sign a PDF with a drawn or typed signature and produces an evidence report. Accepting a proposal is a button on a proposal link that records the client’s decision as a confirmation signed by HawkOpen, without a drawn or typed signature.

• How do I sign a document electronically in a secure way?

  First check which signature your document needs, which depends on the country, the type of document and the form required; for a qualified signature, use a qualified trust service provider. When you sign, use only a link you expected, check the sender and the document, and keep the evidence report.

• Can an electronic signature be notarized, typed or forged?

  Typed: yes, a typed name is one of the two ways to sign in HawkOpen. Notarized or apostilled: not through HawkOpen; a notary or a public authority does that under its own rules. Forged: any simple signature can be imitated, which is why HawkOpen records how it was made.

• Is the signing page accessible to screen reader users?

  HawkOpen has not published an accessibility statement for the signing page. A signer who cannot draw can type their name instead of drawing a signature.

• Can I sign as a company with an electronic seal or stamp?

  No. HawkOpen collects a simple electronic signature from a person; it does not offer electronic seals or stamps for companies. An eIDAS electronic seal, advanced or qualified, comes from a trust service provider.

• Can I reuse signature templates or send documents for signature in bulk?

  No. Each signature request is created on its own, for one PDF and one signer; there are no templates or bulk sending for signatures.

• Is a simple electronic signature enough for an employment or rental contract?

  It depends on the country, the type of contract and the form the law requires for it. Some countries require written form or a qualified electronic signature for certain employment or tenancy documents; in those cases a simple signature like HawkOpen’s may not be enough.

• Can someone refuse, contest or cancel an electronic signature?

  In HawkOpen the signer can always decline instead of signing. Whether a counterparty must accept an electronic signature, and how a signature can be contested, depends on the contract and the applicable law. In the EU an electronic signature cannot be denied legal effect or refused as evidence only because it is electronic; how much weight it gets depends on the law and the circumstances.

• What is the US ESIGN Act, and is the HawkOpen signature valid in both the EU and the US?

  The ESIGN Act of 2000 is a US federal law under which a signature or contract may not be denied legal effect only because it is electronic; most states have similar rules based on UETA. That does not make every contract valid. HawkOpen describes its signature under the EU eIDAS Regulation as a simple electronic signature and has not analysed US law for it.

• Can I terminate a contract or insurance by email or with an electronic signature?

  It depends on the country, the type of document and the form required, and on what the contract says. If the contract or the law asks only for text form, an email can be enough; if it requires written form, check whether and how an electronic form can replace it. Read the termination clause first.

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