Electronic signatures (e-signatures) have become a crucial component in the digital transformation journey for businesses worldwide. They facilitate the signing of documents electronically, eliminating the need for physical presence and paper-based processes. One such e-signature solution is AirSlate. However, a key question for users in India is whether the Indian legal system recognizes AirSlate e-signatures as a valid form of e-signature.

Understanding E-Signatures in India

The legal foundation for e-signatures in India is laid down by the Information Technology Act, 2000 (IT Act 2000), which was amended in 2008. This act provides the necessary legal framework for e-commerce and electronic governance by recognizing electronic records and digital signatures.

Types of E-Signatures Recognized in India

Under the IT Act, two types of e-signatures are recognized:

Digital Signatures:

These are a subset of electronic signatures that use asymmetric cryptosystems and hash functions to secure and authenticate the signer’s identity. Digital signatures in India are issued by Certifying Authorities (CAs) appointed by the Controller of Certifying Authorities (CCA).

Electronic Signatures:

While digital signatures are the predominant form of e-signature recognized in India, the amendment to the IT Act also allowed for other forms of electronic signatures provided they are secure and reliable. This category can include biometric methods, OTP-based authentication, and other secure electronic methods.

Legal Validity and Requirements

For an electronic signature to be valid in India, it must meet the following conditions as per Section 5 of the IT Act:

• It should be unique to the signer.

• It should be capable of identifying the signer.

• It should be created in a manner that the signer maintains control over the signature creation data.

• It should be linked to the document in such a manner that any subsequent change in the document is detectable.

What is AirSlate E-Signature?

AirSlate is a comprehensive document workflow automation platform that offers e-signature capabilities. AirSlate e-signatures enable users to sign documents electronically, providing a seamless and efficient way to manage digital transactions.

AirSlate’s e-signature technology ensures the authenticity and integrity of the signed documents through secure digital processes. It offers features such as audit trails, security protocols, and compliance with various global standards for electronic signatures.

AirSlate E-Signatures: Compliance with Indian Law

To determine whether AirSlate e-signatures are recognized in India, it’s essential to evaluate whether they meet the legal requirements outlined in the IT Act.

Security and Reliability

AirSlate e-signatures use robust security measures including encryption, user authentication, and audit trails, which align with the requirements for a secure electronic signature as per the IT Act. The platform ensures that the e-signature is unique to the signer and is capable of identifying the signer through secure authentication methods.

Control and Linkage

AirSlate allows users to maintain control over the signature creation data, ensuring that only the authorized signer can generate the e-signature. Additionally, the signatures are linked to the documents in such a way that any changes post-signature can be detected, thus preserving the integrity of the document.

Certifying Authorities

While AirSlate e-signatures are secure and reliable, it’s important to note that digital signatures in India must be issued by a Certifying Authority recognized by the CCA. AirSlate does not function as a Certifying Authority under Indian law, which raises a question about its compliance with the specific requirements for digital signatures in India.

Practical Considerations for Businesses

In practice, businesses in India use various e-signature solutions, including AirSlate, for day-to-day transactions. While AirSlate’s e-signatures are not digital signatures issued by a recognized Certifying Authority in India, they are often deemed acceptable for many commercial and internal documents due to their compliance with global security standards and reliability.

However, for legal documents that require strict adherence to Indian digital signature standards, businesses might prefer using digital signatures issued by Indian Certifying Authorities to ensure full legal compliance. This is particularly important for documents like government contracts, legal notices, and other formal agreements where the highest level of authentication and legal recognition is required.

Also Read, Buy Digital Signature Certificate Online.

Conclusion

AirSlate e-signatures offer a reliable and secure solution for electronic document signing, incorporating features that align with global e-signature standards. In the context of Indian law, while AirSlate e-signatures meet many of the security and reliability requirements set out in the IT Act, they do not fulfil the criteria of a digital signature issued by a recognized Certifying Authority.

Therefore, while AirSlate e-signatures can be used for many types of business transactions and internal documentation in India, they may not be suitable for all legal documents that require stringent compliance with the IT Act’s digital signature provisions. For such cases, businesses should consider using digital signatures from Certifying Authorities recognized by the Indian government to ensure full legal validity and compliance.