What the law says, in short
In the United States, the federal ESIGN Act and state laws based on UETA share one principle. A signature cannot be denied legal effect just because it is electronic. There are no levels: what matters is that the person meant to sign, agreed to do business electronically and that the signature is tied to the record.
In the European Union, where attendo is based, the eIDAS regulation defines three levels:
| Type | What it is | Typical example |
|---|---|---|
| Simple | Data in electronic form that the signer uses to sign | A signature drawn on a phone screen, with its record |
| Advanced | Uniquely linked to the signer, identifies them and detects later changes | A signature with a digital certificate |
| Qualified | Advanced, with a qualified certificate, created on a qualified device | A national electronic ID or a certificate from a qualified provider |
A signature drawn on a phone screen is a simple electronic signature. That is the starting point, and it is worth saying clearly.
What “simple” means in practice
It does not mean “worthless.” On both sides of the Atlantic, an electronic signature cannot be rejected as evidence just because it is electronic.
What changes is who has to prove what if there is a dispute. In Europe, a qualified signature is equivalent to a handwritten one. With a simple signature, if the customer denies signing, it is up to you to show that they did. That is where everything around the signature matters.
What backs up a simple signature
A signature drawn on a screen, on its own, is weak. Backed by a complete record, it is much stronger:
- Timestamp of the exact moment of signing.
- Who signed: name and, if possible, job title or an ID.
- Who collected the signature: the technician, identified.
- Location at the time of signing.
- Locked content: the work order cannot be changed afterwards.
- Evidence: photos of the job, with their time.
- Audit trail: who created the document, who changed it and when.
- A copy for the customer on the spot, by email.
Together, these turn “a squiggle on a screen” into reasonable evidence that the customer accepted the work.
What it is good for, and what it is not
It is good for showing the customer accepted the work, supporting the invoice and documenting that a maintenance contract was fulfilled. That is how the industry normally uses it.
It falls short when the document is a contract with significant obligations or a regulation requires a specific type of signature. The same goes when the amount is large enough to justify a lawsuit. Then you want an advanced or qualified signature from a trust service provider.
The usual mistake
Assuming that “a digital signature is worth the same as a handwritten one” and forgetting about it. A handwritten signature on paper can be disputed too. The difference is that a digital record keeps much more information around it.
There is a bigger mistake: thinking the signature is what matters most. In a dispute with a customer, time-stamped photos often carry more weight than the signature itself.
What to ask your software vendor
- What exactly is recorded at the moment of signing?
- Is the document locked after it is signed? Can it be changed afterwards?
- Is there a record of who changed what, and when?
- Does the customer get their copy on the spot?
- If a document needs an advanced or qualified signature, how is that handled?
For most work orders, a well-recorded simple signature is enough, and it is a big step up from paper. The rest need something else. It pays to know which documents those are before a problem shows up, and to confirm it with your legal advisor.
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