E-Signatures in the GC/E-Signature Terminology

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 E-Signature Terminology within the GC

Introduction

Jurisdictions throughout the world have adopted laws and regulations that recognize the validity of electronic documents and electronic signatures. Some jurisdictions are very technology specific, others are much more general and technology neutral. In addition, the terms and definitions surrounding electronic signatures tend to differ from one jurisdiction to another and this can lead to some degree of confusion. A more thorough examination of the terms and definitions used in other jurisdictions is provided in Annex A of the Government of Canada Guidance on using Electronic Signatures.

At the Canadian federal government level, the terms electronic signature, digital signature and secure electronic signature are all present in Government of Canada (GC) legislation. The purpose of this post is to help clarify these terms so that they can be used consistently throughout the GC. This post is primarily based on the Government of Canada Guidance on using Electronic Signatures but provides a more condensed tutorial on the terminology.

GC e-signature legislation and terminology

Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA) defines an electronic signature as follows:

“a signature that consists of one or more letters, characters, numbers or other symbols in digital form incorporated in, attached to or associated with an electronic document.”

Essentially, an electronic signature (also denoted as “e signature” for short ) can be virtually any form of electronic representation that can be linked or attached to an electronic document or transaction. Although not intended to represent an exhaustive list, examples of e-signatures include: