Use Cases that are not appropriate for Electronic Signatures
Use cases that are specifically barred from digital or electronic processes or that include explicit requirements, such as handwritten (e.g. wet ink) signatures or formal notarial process that are not usually compatible with electronic signatures or digital transaction management.
- Handwritten - contract of sale of immovable property (Sec. 456 of CCC)
- Handwritten - contract of sale of ships of five tons and over, floating house, or beasts of burden (Sec. 456 of CCC)
- Handwritten - contract of a gift of immovable property, ships of five tons and over, floating house or beasts of burden (Sec. 456 of CCC)
- Handwritten - contract of sale with right of redemption of immovable property, ships of five tons and over, floating house, or beasts of burden (Sec. 525 and 456 of CCC)
- Handwritten - a hire of immovable property for more than a period of 3 years, (but not lease contracts for a period of no more than 3 years and other contracts related to real estate, which can be signed validly via any form of electronic signature) (Sec. 538 of CCC)
- Handwritten - mortgage contract (Sec. 714 of CCC)
- Handwritten - transactions relating to family (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))
- Handwritten - transactions relating to succession (Royal Decree Prescribing Civil and Commercial Transactions Exempted from Enforcement under Law Governing Electronics Transactions BE. 2549 (2006))
List of Local Trust Service Providers
||Regulatory Body/CA/DSC Providers
||Supported by emSigner
|Electronic Transactions Commission
||Controller of Certification Authorities
“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determine
(a) whether the transformation was created using the private key that corresponds to the signer’s public key;
(b) whether the message has been altered since the transformation was made
 An AES is an “advanced electronic signature”, a type of electronic signature that meets the following requirements:
(a) it is uniquely linked to the signatory;
(b) it is capable of identifying the signatory;
(c) it is created using means that are under the signatory’s sole control;
(d) it is linked to other electronic data in such a way that any alteration to the said data can be detected.
 A QES is a specific digital signature implementation that has met the particular specifications of a government, including using a secure signature creation device, and been certified as ‘qualified’ by either that government or a party contracted by that government.
This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.