In the rapidly advancing landscape of information technology and commerce, the utilization of secure and efficient methods for authenticating digital documents is paramount. Two such methodologies that have gained prominence are Digital Signatures and Electronic Signatures. Both serve as electronic counterparts to traditional handwritten signatures, ensuring the integrity and authenticity of electronic transactions. However, they diverge in their technological underpinnings and legal implications. This discussion aims to provide an in-depth exploration of both Digital Signatures and Electronic Signatures, delving into their definitions, processes, security implications, legal recognition, and use cases.

Electronic Signature has been brought into existence under Section 3A of the Information Technology (Amendment) Act, 2008. On the other hand, Section 5 of the Information Technology Act, 2000 gives legal recognition to Digital Signatures.

What is Digital Signature?

A Digital Signature is a cryptographic technique employed to verify the authenticity and integrity of digital messages or documents. At its core, it relies on a unique digital key pair: a private key known only to the signer and a corresponding public key accessible to anyone. The process begins with the signer using their private key to generate a digital signature for a specific document. This signature, essentially a unique mathematical code, is then attached to the document. Recipients can subsequently use the signer’s public key to decrypt and authenticate the signature, ensuring the document’s origin and verifying that it has not been tampered with during transmission.

The security of Digital Signatures lies in the use of complex mathematical algorithms. The private key, which is kept securely by the signer, is practically impossible to reverse-engineer. Therefore, even a slight alteration in the document would result in a completely different signature, easily detectable by the recipient. This high level of security makes Digital Signatures particularly suitable for transactions requiring a robust level of assurance, such as in legal documents, financial transactions, and other sensitive communications. Digital signatures are often associated with the Public Key Infrastructure (PKI), where a trusted third party, a Certificate Authority (CA), verifies the identity of the signer and issues a digital certificate linking the signer’s identity to their public key.

According to Section 2(1)(p) of the Information Technology Act, 2000 “Digital Signature means the authentication of any electronic record by a person who has subscribed to the digital signature in accordance to the procedure mentioned under Section 3 of the same act.”

What is an Electronic Signature?

In contrast to the stringent cryptographic processes of Digital Signatures, an Electronic Signature is a broader term encompassing various methods used to sign electronic documents. The defining characteristic of electronic signatures is their ability to signify a person’s intent to agree to the content of a document or a transaction in electronic form. The spectrum of Electronic Signatures ranges from simple methods, such as typing a name or using a stylus on a touchscreen, to more advanced methods like biometrics and scanned images of handwritten signatures.

The simplicity and flexibility of Electronic Signatures make them widely applicable in various contexts, from casual email communications to everyday business transactions. Unlike Digital Signatures, Electronic Signatures do not necessarily rely on a sophisticated public key infrastructure. Instead, they can be as straightforward as a scanned image of a handwritten signature pasted onto a document. While this simplicity enhances accessibility and ease of use, it may also entail a lower level of security compared to digital signatures.

The level of security in Electronic Signatures is contingent on the method employed. Basic forms, such as typed names or scanned signatures, may lack the cryptographic underpinnings of Digital Signatures. On the other hand, more advanced methods, including biometrics like fingerprint or retina scans, can provide a higher level of security. It’s important to note that while Electronic Signatures offer convenience, their legal recognition may vary across jurisdictions and may not be as universally accepted as Digital Signatures.

According to Section 2(1)(ta) of the Information Technology Act, 2000 “Electronic signature means the authentication of any electronic record by a subscriber by means of the electronic technique as specified under the second schedule and also includes a digital signature.”

Difference between Digital Signature and Electronic Signature