In the Netherlands and most European countries, a contract is formed through an offer and acceptance. This can be done orally, on paper, or electronically through channels like the internet or email, as long as the parties show their agreement with the content of the contract. From that point on, the contract becomes legally valid.
Once everyone agrees to the terms of the contract, it becomes binding, and the parties are obligated to adhere to its content. When signatories express their agreement using a digital signature (also known as an electronic signature) from Stiply, a legally binding and valid contract is created.
Within Europe, three different levels of digital signatures are defined, as stipulated by the eIDAS Regulation:
1. Simple Electronic Signature (SES)
2. Advanced Electronic Signature (AES)
3. Qualified Electronic Signature (QES)
In essence, the level of identity verification, also known as authentication, and the assurance of document integrity determine the type of signature used.
The Simple Electronic Signature (SES) is generally considered just as legally valid as a handwritten ink signature. However, proper care must be taken to ensure the identification of the signatory.
The law addresses this in Article 3:15a of the Dutch Civil Code:
"An electronic signature shall have the same legal effect as a handwritten signature if the method used for authentication is sufficiently reliable, considering the purpose for which the electronic data was used and all other circumstances of the case."
Authentication is a crucial aspect of applying a digital signature. Stiply's signature solution offers various authentication methods to complement signing with just an email address. Learn more about Stiply's various authentication methods that support legally valid digital signatures.
An electronically signed document is legally valid, and parties must adhere to its terms. However, what if a dispute arises and the matter goes to court?
In such cases, you can submit the digitally signed document along with the proof document as evidence to the court. The court will almost always consider this evidence in its judgment. In most disputes, the question is about the content of the agreement, not whether there is an agreement. Having a legally valid contract from Stiply provides a strong foundation.
The evidentiary value becomes relevant if the other party claims, "I have never seen or signed this document." In these (rare) cases, you might need to prove that the other party did indeed sign the agreement.
This is why conducting proper authentication checks during digital signing is essential. It enhances the evidentiary value.
In such situations, the evidentiary value of your electronically signed document depends on how the signatory's online identity was verified. The court will retrospectively determine whether the identity was adequately established, considering the importance of the contract.