The potential of electronic signature: new uses

The use of Big Data and digitalization have become the key levers for improving business competitiveness, reducing costs, time and automating processes that allow process optimization.

New horizons for electronic signature

Although the use of electronic signatures has become widespread over time and electronic procedures have skyrocketed with the pandemic, the reality is that this tool is constantly evolving and its popularity among businesses and companies is spreading at a dizzying pace. We are not only referring to its technical capabilities, but also to its wide range of use in sectors as diverse as finance and leisure, as well as in procedures as varied as signing contracts, granting bank loans or enrolling in schools, among others.

In this sense, we share one of the most recent new uses that is putting the digital signature in the center of all the looks of large corporations and professionals: create and establish commercial companies online in less than a quarter of an hour through the electronic signature.

This is already a reality in countries such as Germany, Italy, Belgium, Austria or the Czech Republic, where they have already prepared the transposition of the EU Directive 2019/1151 on the use of digital tools and processes in the field of company law. Such transposition should have been done before August 1, but there is the possibility of extending it for one year by any Member State.

In the case of Spain, we are currently waiting for the Government and the Parliament to promote the transposition of the Directive by making use of the extension granted by the regulation itself, the Spanish notary’s office already has the technical infrastructure necessary to incorporate a company telematically before a notary in less than ten minutes.

This procedure can be carried out by fulfilling only two requirements: to have a device from which to make a video call and to be in possession of a digital certificate to be able to sign electronically.

The electronic signature by means of a digital certificate will be essential

The aim of this procedure is to take a step forward in the telematic processing before the Public Administrations with regard to the incorporation of companies, thus avoiding the need to have the physical presence before a notary for the authentication of the identity and the signature of the deed. The steps to be followed are as follows:

1. Prior registration of the citizen to register in the platform by means of a digital certificate authorized by the eIDAS regulation.
2. Identification of the future entrepreneur before the notary with his/her electronic ID.
3. Through videoconference, the notary public will proceed to authenticate the identity of the signatory-founding partner of the company and will advise on the adaptation of the content of the deeds to their needs.
4. The notary public will digitally examine that the required capital contribution has been made and will check that all the details of the document are correct.
5. Finally, the signatory will proceed to the electronic signature of the public deed.

The electronic signature as a security safeguard

The process of incorporation of a new company must be completely secure in all respects and, now, with the possibility of doing it telematically, it must have the maximum guarantees at a legal and digital level.

Therefore, we will remember that the qualified electronic signature becomes the best option when we want to maintain total security in the processes and protect our digital identity at all times.

The qualified signature is one based on the use of qualified digital certificates that is generated using a secure signature creation device known as QSCD (Qualified Signature Creation Device), the qualified signature offers a higher level of security thanks to the possibility of providing electronic evidence provided by the digital certificate, making it defensible in case of litigation. Other advantages are:

• Identification: it guarantees the identity of the signatory and the electronic signature data that are made.
• Recognition: it is the most secure type of signature, recognized by eIDAS regulations, and is applicable in all EU member countries.
• Integrity: it offers the certainty that the document has not been modified or altered after signing.
• Legal validity: it has the same legal robustness as the traditional handwritten signature.

At Ivnosys we offer the services of all types of electronic signatures, endorsed by the European eIDAS regulation, which allows us to comply with the maximum legal guarantees acting as a Qualified Trust Service Provider. Contact us and trust in the digital solutions already used by companies of all sectors.