While digital signature and electronic signature are terms that are often used interchangeably, the two concepts have a few key differences. A digital signature is primarily used to secure a document, and prevent tampering of the document by unauthorized individuals. Electronic signatures, on the other hand, imply intent to sign a document. Aadhaar based digital signatures are fully admissible in court.
The IT act recognizes digital signatures (such as the Aadhaar based e-Sign) to be as legally valid as physical signatures, and are fully admissible in a court of law.
Digital signatures, such as Aadhaar e-Sign, reduce operational costs, save time, and promote workflow & business efficiency. Documents can be signed remotely (without the need for individuals to be physically present), at the click of a button. Aadhaar e-Signs are linked to the identity of an individual, eliminating the possibility of tampering or fraud.
The following classes of documents cannot be e-Signed:A negotiable instrument as defined in section 13 of the Negotiable Instruments Act, 1881 A Power-of-Attorney as defined in section 1A of the Powers-of-Attorney Act, 1882. A trust as defined in section 3 of the Indian Trusts Act, 1882. A will as defined in clause (h) of section 2 of the Indian Succession Act, 1925 including any other testamentary disposition by whatever name called Any contract for the sale or conveyance of immovable property or any interest in such property Any such class of documents or transactions as may be notified by the Central Government in the Official Gazette.
Document Signer Certificates are issued to organizational software applications for the automatic authentication of documents/information attributed to the organization using digital signatures. E-commerce receipts, invoices, credit card bills etc. are common use cases of Document Signer Certificates.
A Digital Signature Certificate (DSC) is issued to businesses or individuals for the purpose of digital signing. There are three classes of DSCs issued by the licensed certifying authorities in India: o Class-I: authenticates email address o Class-II: most commonly used, requires photograph, copies of proof of identity and address attested by gazetted officer/bank official o Class-III: requires in-person verification by CA. Private key for such DSCs are provided in Password or PIN protected USB dongles and need to be renewed. There are 2 classes of AadhaareSign issued by licensed certifying authorities in India. o OTP Class: Authentication happens via. OTP using AadhaareKYC o Biometric Class: Authentication happens via. Fingerprint/IRIS using AadhaareKYC OTP Class AadhaareSign facilitated is equivalent to Class-II DSC
The following entities may use DigiSign for e-Signing Any individual with an Aadhaar number (linked to a valid mobile number or verified through a biometric device) Any individual or business with a Digital Signature Certificate Any individual or business with a Document Signer Certificate.
e-Sign is 100% legal. According to the Information Technology Act (2000), e-signatures are as legally valid as handwritten signatures for most documents.
o The application codebase has been audited and certified by CERT-In empaneled independent auditor CDAC (Centre for Development of Advanced Computing with audit certificate #CH/ISS-CT-337/2016) for information security vulnerability checks, compliance with direct guidelines formulated by the CCA (Controller of Certifying Authorities) and implicated guidelines put forth by the UIDAI (Unique Identification Authority of India). o App offers bank-grade security for all sensitive documents. o The signature certificate associated with your Aadhaar e-Sign is only valid for 30 minutes. The private key is then destroyed to prevent any misuse. However, this doesn’t mean that the transaction you agreed to while signing is invalid. This ensures more security while digitally signing documents. o Revocation of certificate is not required as the certificate validity is only 30 minutes, and the private key is deleted immediately after the signature is created.
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