Why and for how long do you need to preserve digital signed documents? Where are they preserved and how?
The need of special preservation of digital signed documents lay on the fact that the legal validity of a document signed today can deteriorate along the time due to different reasons, for example the discovery of vulnerabilities in the cryptographic algorithms, or simply the enhancements with time of calculation power may break just by force attack for the signatures with key length employed today. To address these problems there are already existing standards and signature formats like PADES, XADES or CADES.
Regarding preservation period, it depends on the document type, the business process or the legal regulation. For example some health records must be preserved for 50 years.
Where are they preserved and how?
SiaCert provides an active archiving service dedicated to preserve the legal validity of signed documents along the time. This service (named Custody) is based on industry standards to guarantee interoperability and avoid vendor lock. Documents and the required metadata are stored in cryptographic modules (SIAVAL Custody) physically installed in high availability and redundancy in corporate grade data centers.
SIAVAL Custody provides an active archiving where long term signature standards are applied continuously, so that the legal validity of those documents can be delivered along the years. Furthermore the present Electronic Signature Regulation EU 910/2014 also established the signed data preservation as one of the Trust Service to be delivered by Trust Service Providers like SiaCert.
Are valid electronic signatures in legal processes?
Legal validity of electronic signatures is explicitly described in different laws worldwide. For example in Spain there is the Law 59/2003, which stated the fact that any electronic signature can be admitted in legal processes. In Europe the Regulation 910/2014 already in place and that after a transitory period will remove all EU member legislation in regards to electronic identities and signatures, also state the same point. Nevertheless it is important to explain that not all electronic signatures have the same quality within a legal process. This is the reason why the EU Regulation establishes the conditions for Advanced and Qualified Signatures that are the ones with higher legal coverage. In this sense, the qualified signature has the same legal value as the handwritten signed document. The advanced signature may require some additional information (proofs) regarding the certificates and signature process.
SiaCert as Trust Service Provider fulfills the requirements for producing qualified signatures, but also guarantees those additional pieces of information required for Advanced Signatures, like the integrity of the content, authenticity, identity of signatory, date and time (Timestamp) of the signature, etc. In this way signatory and/or companies have all available information for legal procedures.
Are digital signatures valid internationally?
The starting Point is that the legal validity of any contract is related to the legal framework referred in the contract, and that any particular clause in the contract can override the national legal settlement where the contract applies.
Therefore for electronic signature in any European country you can refer to the 910/2014 eIDAS Regulation, which deals with the electronic identities and the Trust Services for electronic transactions, including digital signatures.
Outside EU, the situation will depend of the conventions and agreements between EU and the third country, and there is little doubt that the present Regulation will soak the mutual (and legal) recognition of the EU based digital signatures and other Trust Services.
In any case, SiaCert Trusted Services can provide legal assessment for using digital signature internationally, helping to prepare the procedures and evidences that deliver the maximum guarantees to our customers.
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