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3.2 KiB
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60 lines
3.2 KiB
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Validity of electronic signatures
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The legal validity of electronic signatures generated by Odoo depends on the legislation of your
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country. Companies doing business abroad should consider electronic signature laws of other
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countries as well.
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In the European Union
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=====================
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The `eIDAS regulation <http://data.europa.eu/eli/reg/2014/910/oj>`_ establishes the framework for
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electronic signatures in all `27 member states of the European Union
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<https://europa.eu/european-union/about-eu/countries_en>`_.
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It distinguishes three types of electronic signatures:
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#. Electronic signatures
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#. Advanced electronic signatures
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#. Qualified electronic signatures
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Odoo generates the first type, regular electronic signatures, and these signatures can produce legal
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effects in the EU, as the regulation states that “an electronic signature shall not be denied legal
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effect and admissibility as evidence in legal proceedings solely on the grounds that it is in an
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electronic form or that it does not meet the requirements for qualified electronic signatures.”
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Note that electronic signatures may not be automatically recognized as valid. You may need to bring
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supporting evidence of a signature’s validity.
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In the United States of America
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===============================
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The `ESIGN Act (Electronic Signatures in Global and National Commerce Act)
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<https://www.fdic.gov/regulations/compliance/manual/10/X-3.1.pdf>`_, at the interstate and
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international levels, and the `UETA (Uniform Electronic Transactions Act)
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<https://www.uniformlaws.org/committees/community-home/librarydocuments?communitykey=2c04b76c-2b7d-4399-977e-d5876ba7e034&tab=librarydocuments>`_,
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at the state level, provide the legal framework for electronic signatures. Note that `Illinois
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<https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=89&>`_ and `New York
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<https://its.ny.gov/electronic-signatures-and-records-act-esra>`_ have not adopted the UETA, but
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similar acts instead.
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Overall, to be recognized as valid, electronic signatures have to meet five criteria:
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#. A signer must show a clear intent to sign. For example, using a mouse to draw a signature can
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show intent. The signer must also have the option to opt-out of electronically signing a
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document.
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#. A signer must first express or imply their consent to conduct business electronically.
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#. The signature must be clearly attributed. In Odoo, metadata, such as the signer’s IP address, is
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added to the signature, which can be used as supporting evidence.
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#. The signature must be associated with the document being signed, for example, by keeping a record
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detailing how the signature was captured.
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#. Electronically signed documents need to be retained and available for later reference by all
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parties involved, for example, by providing the signer either a fully-executed copy or the option
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to download a copy.
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.. note::
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The information provided here does not constitute legal advice; it is provided for general
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informational purposes only. As laws governing electronic signatures evolve rapidly, we cannot
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guarantee that the information is up to date. We advise you to should contact a local attorney to
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obtain legal advice. |