The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
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The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
The BoldSign mobile app is now available. Visitthis link for more details and give it a try!
Electronic signatures have transformed the document authentication process, streamlining the signing of agreements both within the Netherlands and internationally. These digital tools facilitate the rapid and environmentally friendly execution of documents, contributing to the reduction of paper consumption and the acceleration of business dealings. Nonetheless, it is critical to grasp the key factors when implementing electronic signatures within the Netherlands.
Individuals should opt for an electronic signature service that complies with Dutch law, particularly the Dutch Civil Code, to ensure its legal validity is par with handwritten signatures. However, some documents may need a wet-ink signature, and legal requirements vary locally.
Ensuring the security of electronic signatures is paramount. The chosen eSignature provider should offer robust security measures, including encryption, user authentication, and an audit trail, to safeguard against unauthorized access and ensure the integrity of the documents. Services such as BoldSign provide these security assurances, helping users meet compliance and security standards.
Although electronic signatures are advantageous and widely accepted, adherence to legal regulations, ensuring security, and choosing an easy-to-use service are essential for successful deployment in the Netherlands.
Under the regulations of the Netherlands concerning electronic signatures, a signature is considered electronic when it consists of electronic data that is connected or logically related to other electronic data, serving as a means of authenticating identity. In the Netherlands, these electronic signatures are legally recognized on most documents, provided they can be unequivocally linked to the person signing. There is proof to confirm their legitimacy, safeguarding against tampering or falsification. It is also essential that the act of signing indicates deliberate consent to the conditions of the document. Once these conditions are met, electronic signatures are deemed legally equivalent to their handwritten counterparts with exemptions.
An eSignature can be any electronic mark linked to an electronic document or process. This includes:-
Netherlands, a member state of the European Union, operates with the electronic signature regulated by the Electronic Identification and Trust Services Regulation [eIDAS] 1.The eIDAS Act operates alongside the E-Commerce Directive [2000/31/EC], which sets out a ray of transactions that member states may exclude from being completed by the electronic signature model. In meeting its obligations as a member state to the European Union, Netherlands has implemented the Act and the directive above under Section 3.15a of the Dutch Civil Code2.
Generally, the code decrees that an eSignature has the same legal validity as a wet ink signature, also called a handwritten signature. This is subject to conditions that the method used for its authentication be sufficiently reliable and are regulated (at the federal level) by:-
eSignatures under the regulation are only classified as one. However, under the eIDAS Netherlands, being a member state, is categorized into three categories:
Standard electronic signature means data in electronic form attached to or logically associated with another data in electronic form and which is used by the signatory to sign;
Advances electronic signature
This is explained as an electronic signature meeting Article 26 of eIDAS standards. It decrees that Advanced Electronic Signature should be:
To be uniquely linked to a person
A secure electronic signature must be uniquely connected to the person who is using it. The signature must be uniquely made with methods that only the signer has access to, like a private key and confidential info, to verify their identity.
The use and incorporation remain in their sole control
The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent unauthorized signature forgery.
Able to identify the person using the technological process
The process used to create the signature must be capable of identifying the person signing. This may include the use of a biometric signature, a Personal Identification Number (PIN), an email address or even a company registration number.
It is easy to track down any alterations made after signing
It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer’s IP address, timestamps of key signing events, and location, providing proof of identity, timing, and signature place.
This is an advanced digital signature that has been generated using a certified device designed specifically for creating electronic signatures, and it relies on a certified electronic signature certificate.
Article 323 of the eIDAS sets out a validation set of standards to be met by the one for a qualified eSignature. These are:-
Requirement for the validity of an eSignature under the Dutch Civil Code
Under the Dutch Civil Code, an eSignature is sufficiently reliable to the extent of its legal validity where :-
Summary
| Type of signature | Statute and Sections of relevant laws | Unique features | Legal Validity |
|---|---|---|---|
| Simple Electronic Signature | Federal Civil Code Article 3:15a Telecommunication Act [1998] As read with Electronic Identification and Trust Services Regulation |
Electronic data is affixed to another to identify the signer. |
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| Advances Electronic Signature | Electronic Identification and Trust Services Regulation. EU. Article 26 (Regulation (E.U.) No 910/2014) |
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| Qualified Electronic Signature | Electronic Identification and Trust Services Regulation. Article 32 & 26 (Regulation (E.U.) No 910/2014) |
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Articles 6.227a, 6.227b, and 6.227c of the code set forth special considerations to be met by a party in the electronic execution of a contract. These set of conditions are: –
Consent from both parties
It is a fundamental principle that all parties involved must give their consent willingly and knowingly for the contract to be considered valid. Consent implies that each party understands the contract terms and agrees to them without coercion, fraud, or undue influence. This is achieved through a prompt notification as to the use of BoldSign to append an electronic signature.
Guarantee of the authenticity of the electronic contract
Authenticity in electronic contracts refers to the assurance that the contract is genuine, not forgery. Ensuring that the electronic document is the original Agreement and not an altered version is essential. This can be established through two-step authentication on the signed document.
Easy to establish the identity of the parties therein
Identifying the parties involved in an electronic contract is crucial for enforcing the Agreement and for any legal proceedings that may arise. Electronic contracts must have mechanisms in place that can easily and accurately establish the identity of each party. This can be done through digital certificates, two-factor authentication, or identity verification services that link the electronic signature or consent to a specific individual or entity. Such measures help prevent identity theft and fraud in electronic transactions.
Ability to track alterations on the document
Tracking alterations in an electronic document is essential to maintain the contract’s integrity and prevent fraudulent activity. BoldSign incorporates features like version control, audit trails, and timestamping, allowing any document changes to be recorded and monitored.
Easy to determine the time of conclusion of the Agreement
The time at which an agreement is concluded is essential for legal reasons, such as determining when rights and obligations begin, assessing deadlines, and establishing the relevant period for statutory limitations. In electronic contracts, the time of conclusion can be easily determined by using timestamp services that record the exact date and time when the contract was signed or when all parties gave consent.
Electronic signature use isn’t legally recognized for all document types. Some transactions are appropriate for eSignatures, while others aren’t. Below is a brief analysis and a summary table of these transactions.
Documents that can be signed
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
Exempted transactions
While the Dutch Civil Code lacks express provisions on the transactions that are exempted from electronic transactions, it is required that one takes caution when dealing with certain transactions as below:
In the same context, in reference to deeds, the Dutch laws categorized deeds into two [authentic deeds and non-authentic deeds/private deeds]6. Authentic deeds are understood to entail deeds drafted by a civil notary. Authentic deeds are such as7: –
Summary
| Sample transactions that can be completed in eSignature | Exempted transactions. [Article 40 of the Dutch Notaries Act Dutch Civil Code] |
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The Van Gansewinkel Nederland case – District Court the Hague, 8 May 2018, ECLI:NL: RBDHA:2018:6370.
The present case addressed the criteria for determining the authenticity of an electronic signature as outlined in Article 3.15a of the Dutch Civil Code. The court’s decision highlights the importance of ensuring that a signature and the completion certificate can verify the identity of the signer and that the signer has sole and secure access to it. This therefore leaves all digital signature users with the task of ensuring that identity of the signer is identifiable to be valid.
To ensure an electronic signature’s validity while complying with legal requirements, an individual should be able to adopt best practices such as:
The following elements of compliance available within BoldSign can be used to comply with Netherlands eSignature laws:
Disclaimer: Information on this page is intended to help businesses understand the legal framework of electronic signatures for this country.
However, Syncfusion’s officers, directors, stockholders, affiliates, attorneys, accountants, employees or agents cannot provide legal advice. You should consult your own personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees or warranties of merchantability, fitness for a particular purpose, or accuracy.
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1 Electronic Identification and Trust Services Regulation
2 Dutch Civil Code
3 The Electronic Identification and Trust Services Regulation
4 Dutch Civil code
5 Notaries Act of 3 April 1999
6 Kees Cappon, Dutch Notaries: Do They Have a Future? How the Historical Foundations of the Civil Law Can Help Survive a Modern Crisis, 4 J. Civ. L. Stud. (2011) https://digitalcommons.law.lsu.edu/jcls/vol4/iss2/16
7 https://www.ibanet.org/MediaHandler?id=26AA974D-601B-4712-B904-EB904C549AC2