Learn about the changes to e-signatures outlined in the new European eIDAS regulation and what it means for you. For more information about eIDAS, check out our FREE white paper: http://info.aiim.org/e-signatures-in-europe-understanding-the-legal-requirements-for-proof-of-intent

1. Underwri(en by:
#AIIM Informa(on Is Your Most Important Asset –
Learn the Skills to Manage It
e-Signatures in Europe:
Understanding the New Regula(on and
How It Can Help Your Business
Presented 10 March, 2016
e-Signatures in Europe:
Understanding the New Regula(on and
How It Can Help Your Business
An AIIM Webinar presented 10 March, 2016

2. Underwri(en by:
Stephen Mason
Barrister, Author, & Conference Speaker
stephenmason.eu
Joerg Lenz
Product Marke9ng Manager EMEA
Kofax Deutschland AG
Host: Theresa Resek
Director
AIIM
Today’s Speakers

3. Underwri(en by:
Stephen Mason
Barrister, Author, &
Conference Speaker
stephenmason.eu
Introducing our Featured Speaker

4. Underwri(en by:
We all use e-signatures every day
Personal
Buying flights, holidays, shopping, etc, etc – over the internet
Using credit and debit cards – ATMs and point of sale
PuOng a signature or a squiggle or a cross into a hand-held device when
accepRng a parcel
The organizaRon
Entering contracts with employees
Internal purposes to sign off projects
Approving invoices
Approving expenses

5. Underwri(en by:
Confusion about e-signatures
Most of us don’t really know what an electronic signature is
But they are easy
What is important?
When deciding which form of e-signature to use, you need to
think about:
Balancing evidenRal weight against operaRonal requirements
What is best for the business process
How the customer is going to react

6. Underwri(en by:
Some reasons for using a signature
Primary purpose
evidence that the signatory approves and adopts the contents of the
document
content of the document shall be binding
Secondary purpose
authenRcate the idenRty of the person
content of the document has not been altered subsequently to the affixing
of the signature
Record keeping purpose
[For a complete list, see Stephen Mason, Electronic Signatures in Law (3rd
edn, Cambridge University Press, 2012), pp 8 – 13]

7. Underwri(en by:
Forms of electronic signature
Typing a name into an e-mail or document
Interest in property; loan; employment; contract; assignment of guarantee;
insurance policy; public administraRon; judiciary; statute of frauds; wills
Clicking the ‘I accept’ or ‘I agree’ icon
Using a personal idenRficaRon number (PIN)
Using a scanned signature
Using a biometric measurement
Using a digital signature (more accurately, a hash cryptographic
signature)
Electronic sound
The name in an e-mail address

8. Underwri(en by:
Proving the link
We all use electronic documents to conduct business every day
There is a percepRon that somehow contracts are not valid or
cannot be relied upon if they are in electronic format
Yet we all enter into contracts every day electronically, and we
use electronic signatures
What usually ma(ers is whether, if something goes wrong, we
can prove we entered into a contract to enforce our rights
Finally, in some jurisdicRons, you cannot enter into some types
of contract electronically [these are not discussed]

9. Underwri(en by:
The prac(cal issue
In some jurisdicRons, the format that an electronic signature
takes is not relevant
Where one party relies on an electronic signature and the other
party denies using the electronic signature, the burden of proof
remains as for manuscript signatures:
The party relying on the signature must prove the signature is not a forgery
The problem that affects every form of electronic signature is
this:
The recipient does not know whether the signature was affixed to the e-
mail or document, or the PIN was used by the person whose signature it
purports to be

10. Underwri(en by:
The relying party
The party relying on the electronic signature has to ask
themselves if they have sufficient evidence in place to rely on
the signature
If a dispute occurs, consideraRon must be given to:
How to prove the nexus between the applica9on of the signature, whatever
form it takes, and the person whose signature it purports to be
No form of electronic signature, including digital signatures,
proves the user caused the signature to be affixed

11. Underwri(en by:
European Union legisla(on
DirecRve 1999/93/EC of the European Parliament and of the
Council of 13 December 1999 on a Community framework for
electronic signatures, OJ L 13, 19.01.2000, p.12
RegulaRon (EU) No 910/2014 of the European Parliament and of
the Council of 23 July 2014 on electronic idenRficaRon and trust
services for electronic transacRons in the internal market and
repealing DirecRve 1999/93/EC, OJ L257, 28.8.2014, p. 73–114
The RegulaRon repeals the DirecRve with effect from 1 July 2016

12. Underwri(en by:
Types of electronic signature under the EU
legisla(on
(10) ‘electronic signature’ means data in electronic form which is
a(ached to or logically associated with other data in electronic
form and which is used by the signatory to sign;
(11) ‘advanced electronic signature’ means an electronic
signature which meets the requirements set out in ArRcle 26;
(12) ‘qualified electronic signature’ means an advanced
electronic signature that is created by a qualified electronic
signature creaRon device, and which is based on a qualified
cerRficate for electronic signatures;

13. Underwri(en by:
Trus(ng the signature
When relying on a document (contract, indemnity, loan – to
menRon a few examples), you need to be saRsfied that
everything is in order
For instance, if you enter a contract, you need to ensure you are
saRsfied of a number of things, some of which include:
The other person or legal enRty is who they say they are
The person signing the contract is who they say they are
The person signing the contract has the authority to sign on behalf of the
legal enRty
There is no difference between the physical world and the
electronic world

14. Underwri(en by:
Reference
Stephen Mason and Timothy S. Reiniger, ‘“Trust” Between
Machines? Establishing IdenRty Between Humans and Sorware
Code, or whether You Know it is a Dog, and if so, which Dog?’,
Computer and Telecommunica9ons Law Review, 2015, Volume
21, Issue 5, 135 – 148
h(p://www.stephenmason.eu/?page_id=218

15. Underwri(en by:
What you need is evidence
From the perspecRve of proof, some of the issues to consider
include, but are not limited to, establishing the following:
1. The verificaRon of a claimed idenRty of a signatory by
validaRon (confirmaRon that a person with a parRcular set of
idenRty characterisRcs exists) and verificaRon (confirmaRon that
a person is who they claim to be)
2. That any documents submi(ed are not forged and are
accurate
3. The system used to capture the signature is sufficiently robust
to link the electronic signature to the document

16. Underwri(en by:
Next steps
Assess which part of the business or process will benefit from
the use of e-signatures
Which document do you want signing with an e-signature?
Is it necessary or appropriate for that parRcular document? e.g., High
value/valuable personal connecRons – medium value/intermediate
personal connecRons?
Analyse the risks for different types of e-signature
Include an analysis of the reliability and integrity of the IT system
you are using – the system provides the technical proof of
signing
Think about long-term storage if your industry requires very long
term retenRon of records (e.g., nuclear, insurance)

17. Underwri(en by:
Thank you
h(p://www.stephenmason.eu

18. Underwri(en by:
Joerg Lenz
Product Marke(ng Manager EMEA
Kofax Deutschland AG
part of
Lexmark Enterprise Sorware
Introducing our Speaker
18

19. Underwri(en by:
Persuasive Eviden(al Weight
EvidenRal weight of a signed document is determined by a holisRc
assessment of all process steps in a document lifecycle
Access
IdenRficaRon
AuthenRcaRon
Document
PresentaRon
AddiRonal Data Document
CompleRon
Signature
Crea(on
Archiving /
Delivering
2 !
capture & add
photos
on tablet face-to-face
web portal
app
…
e.g. insert text,
Rck boxes…
eIDAS
Impact
19

20. Underwri(en by:
Signing Scenarios and their eIDAS Impact
Where to sign what how? Example Telco: Signing for a Phone Contract
Telcos must idenRfy their customers by verifying ID documents
Face-to-Face (In-Person) Remote
eIDAS Impact: ID VerificaRon now also
possible without going to a shop
20

21. Underwri(en by:
One last poll quesRon…

22. Underwri(en by:
Signing Situa(ons in Omni-Channel
Face-to-Face
(In-Person)
Remote
in office /
branch
out of office /
in field
Where and how should which documents be e-signed by whom (employees,
customers, ..) – e.g., in an on-boarding scenario?
on
desktop PC
on
mobile devices
PotenRal Goal for selecRng an E-Signature SoluRon: Achieving a consistent user experience across all channels.
22

23. Underwri(en by:
eID
+ Card Reader
Signer ID Verifica(on
Face-to-Face
Remote
physical ID Check
Video
Conf. ID
own employee
virtual ID Check
Service
Provider
e.g., “Post-
Ident” in
Germany
own office
or in field
* emerging ID VerificaRon Methods
(e)SIM
ID
eIDAS Impact: These methods of
idenRficaRon might be leveraged to
provide cerRficates to sign with
Advanced and Qualified E-Signatures
?*
23

24. Underwri(en by:
Signature Requirements
Signature
Requirements
imposed by law
for validity or
enforceability reasons
Qualified Electronic
Signature (QES) explicitly
required by law as
replacement for wet ink
signature (wri(en form)
No Signature
Requirements
imposed by law
for validity or
enforceability reasons
Form Free Agreements
Signing on paper today
is executed arbitrarily
24

25. Underwri(en by:
Form Free Agreements
For the following business processes physical signatures on
paper (“wet-ink signatures”) are not required de jure in most EU
countries:
§ Banking: Account opening, modificaRon, and deleRon, cash deposits and
withdrawals, consultaRon minutes, broker proxies, standing orders,
exempRon orders for capital gains, …
§ Insurance: applicaRons, agreements, damage reports …
§ Telco: Contracts (mobile, DSL, cable etc.), service reports, …
§ URliRes: Contracts (power supply), …
§ Retail: Receipts at the point of sale or point of delivery, applicaRons for
customer reward schemes merchandise return, service documentaRon, …
§ Manufacturing: Protocols, test reports, delivery receipts, …
De facto many of them are yet sRll signed on paper arbitrarily.
25

26. Underwri(en by:
Taking Signatures Seriously
The more precise and differen(ated signals of the wriRng procedure may be captured
the higher the evidenRal weight of a parRcular signature data set
Desirable: Capturing of as many signals/sec as possible – also required for accurate
display of arcs and loops, ideally also capturing of different levels of wriRng pressure
There is more in a handwri(en signature
than meets the eye:
Visible staRc signature image
characterisRcs
Invisible dynamic (biometric) signals of
the wriRng movement such as locaRon
(incl. start and end of each stroke), speed
and acceleraRon
26

27. Underwri(en by:
Expert Verifica(on of Signature
Characteris(cs
27
Forensic Experts analyze quan(ta(ve
signature characterisRcs
Graphologists deal with qualitaRve characterisRcs

28. Underwri(en by:
Signing: More Meaningful with Styluses
… finger on touch screen (similar data
would be captured with convenRonal
styluses)
… acRve stylus communicaRng with digiRzer
(= sensor board) for electromagneRc
resonance underneath the display
Comparison of signal points captured while signing with….
28

29. Underwri(en by:
Taking Signatures Seriously
Stylus
Digital Ink
Display Surface
29

30. Underwri(en by:
(a) it is uniquely linked to the signatory;
(b) it is capable of idenRfying the signatory;
(c) it is created using means that the signatory
can maintain under his sole control; and
(d) it is linked to the data to which it relates in
such a manner that any subsequent change of
the data is detectable;
DirecRve 1999/93/EG
Art. 2 paragraph 2
RegulaRon eIDAS 2014
Art. 3 paragraph 11, Art. 26
(a) it is uniquely linked to the signatory;
(b) it is capable of idenRfying the signatory;
(c) it is created using electronic signature
crea(on data that the signatory can, with high
level of confidence, use under his sole control;
and
(d) it is linked to the data to which it relates in
such a manner that any subsequent change of
the data is detectable;
30
E-Signature Terminology by European
Commission
eIDAS provides tailwind for the concept of Advanced Electronic Signature (AES) – This
type of signature caters for AuthenRcity & Integrity
Founda(on of Trustworthiness:
Authen(city & Integrity
30

31. Underwri(en by:
Biometric Data
Capture
& Storage
ISO 19794
Signature EncrypRon
Document Hash
Time Stamp*
Digital CerRficate*
*opRonal
Finger
Face
Speech
AUTHENTICITY INTEGRITY
E-Signature
Signature Object
in PDF file
ISO 32000
“Self-contained
documents”
ValidaRon of
Integrity should be
feasible in standard
PDF readers incl.
Adobe Reader
31
Biometrics meet Cryptography
31

32. Underwri(en by:
32
Trustworthy E-Signing of PDF Files
32

33. Underwri(en by:
Sneak View into new Whitepaper
33
Next: Quick look on 2 E-Signature Examples
from Europe and – beyond the whitepaper
content as a bonus – one from Asia

34. Underwri(en by:
• Time-to-policy minimized, reduced cancellaRon
risk
• User-friendly consulRng and deal closure process
• Expenses cut down as paper forms (and the need
to print, send, store, scan …) etc. disappear
• No errors resulRng of content transfer from
paper to files
• Automated archiving, fast access to electronic
documents for audiRng
Case Study on request
Paperless Customer Onboarding since 2011*
E-Signing online & offline on iPad - with Kofax
SignDoc SDK built in; GPS coordinates for
addiRonal evidence
Various policy forms such as the applicaRon for
life insurance and customer consultaRon
protocol
* Figures from Slovakia, today also in producRon in other countries
** Cetelem Customer SaRsfacRon Survey in Romania, 2014
34
Best Pra(ce Example Europe

35. Underwri(en by:
• Time-to-finance: Reduced from 3 days to 3 hours
• 25% OPEX savings in Y2
• 60% Decrease of customer onboarding Rme
• Paper Savings: 1,6M sheets/year *
• 91% of customers prefer signing on tablet over
paper **
Case Study h(p://goo.gl/JqNufx
Access to Project Report Video: on request
Paperless Customer Onboarding since 2013*
E-Signing online & offline on Samsung Android
Tablets - based on Signatus, a workflow
soluRon by Anasor with Kofax SignDoc SDK
built in; combined with Security System
Samsung Knox
Loan Contracts in-branch in-field, e.g. for
furniture (IKEA) or electronics
* Figures from Slovakia, today also in producRon in other countries
** Cetelem Customer SaRsfacRon Survey in Romania, 2014
35
Best Pra(ce Example Europe

36. Underwri(en by:
• 30.000 Users in 11 countries
• ConsultaRon and conclusion on a single device,
anyRme and everywhere
• Capturing of GPS Coordinates for increased
evidenRal Weight
• Winner „Asia Insurance Industry Award” (2013)
Case Study h(p://goo.gl/JqNufx
Access to Project Report Video: on request
iPOS (interacRve Point of Sale) System –
specially designed for new team for mobile
sales incl. E-Signing online & offline on iPads –
based on Kofax SignDoc SDK ; GPS coordinates
for addiRonal evidence
ContracRng for life insurance
E-Signing Solu(on SnapsAsia hot: Asia
36
Bonus: Some more Inspira(on from Asia
Paperless Customer Onboarding
since 2011* (Start in Taiwan)

37. Underwri(en by:
Thank you
Contact & Follow
Jörg-M. Lenz
joerg.lenz@kofax.com
@Joerg_Lenz
h(ps://goo.gl/JbJXLb
h(ps://goo.gl/lhaBXn
37

38. Underwri(en by:
Download the White Paper
E-Signatures in Europe:
Understanding the legal
requirements for proof of intent
h(p://info.aiim.org/e-signatures-in-europe-
understanding-the-legal-requirements-for-
proof-of-intent

39. Underwri(en by:
AIIM is the Community for
Informa(on Professionals
AIIM believes that informa(on is
your most important asset.
Learn the skills to manage it.
Our mission is to improve
organizaRonal performance by
empowering a community of leaders
commi(ed to informaRon-driven
innovaRon.
Learn more at www.aiim.org