Education

Regardless of the medium, what is most important is the preservation of information. In Quebec, according to An Act to Establish a Legal Framework for Information Technology, RSQ, c C-1.1, to argue in evidence, it must be shown that the integrity of the information has been maintained throughout its life cycle. In other words, the content of the printed version must remain identical to its original, digitally signed, electronic version to maintain its legal validity. Conversely, the same principle can be applied, for example, to the original paper version that is digitized and sent by email. The whole of the information must be preserved and we must ensure that it has not been falsified or altered by using protective measures such as a digital signature, an electronic seal, time stamping, etc. Such measures assure that any changes made to the document can be traced.

Controlling the use of seals and protecting the public is an integral part of an association’s responsibilities. In paper form, this is accomplished by placing a seal that embeds the name, member number and designation as a member and is made official by hand-signing and dating the document. But how can associations securely seal official documents in a digital world where a seal can easily be replicated and copied from one document to another? Associations that offer digital signatures choose to control use of seals in a digital world to ensure that only members in good standing can sign official documents. It also allows clients and government agencies to instantly verify that the document has been signed by a professional with the authority to do so.

Notarius digital signatures are used to sign official documents and meet the standards of many countries. However, each jurisdiction may have specific requirements that must be met in order to be recognized. For example, in France, many agencies will only recognize French certificate authorities. In the United States, requirements for authenticating engineering documents will mostly be limited to a technological baseline, but not specific to a provider or a standard. As such, Notarius digital signatures meet or exceed the minimum requirements for all US states (except Hawaii). It is important to verify local digital signature requirements with recipients prior to submitting signed documents that use Notarius digital signatures.

Of course, other considerations need to be evaluated before making a digital shift. Please feel free to reach out to Notarius for a working session on the subject for further discussion

Digital signatures are based on cryptography that was originally designed in the 1970s and is still considered the standard to secure different types of data. Digital signatures and their cryptographic derivatives are used in our daily lives to secure websites, communications, documents and financial transactions. If digital signatures were “hacked,” the first case of attack would likely be in the financial, military or government sector. An individual’s signed PDF document would be the least of a signer’s worries.

Not all digital signatures are issued and controlled in the same manner. Governments tend to limit the number of certificate authorities they will recognize or authorize. Strict guidelines are established and audited to ensure that the approved digital signature certificate authority has the proper technology, security, policy and process in place to guarantee the identity of all digital signatures issued. Notarius was created in the 1990s by Quebec’s Chambre des notaires (Board of Notaries) to build a government-grade certificate authority recognized by the Government of Quebec’s electronic land titles registry. Even today, very few third-party certificate authorities are authorized to issue trusted digital signatures for interaction with government agencies. Notarius is the only third-party certificate authority recognized by multiple provincial governments in Canada.

The image of your seal is what is called an “electronic signature.” It is the visual representation of your identity; however, the legal reliability of this type of signature is very limited. A digital signature, on the other hand, is an electronic locking mechanism that protects your original PDF. The only way to modify the original content is to break this protective mechanism. However, once this mechanism has been broken, the modified copy is simply an altered copy since the original document must conserve this cryptographic protection in order to be considered as the original.

The printed version is a copy— nothing more, nothing less. You can produce one or two original copies of the electronic document and make multiple subsequent copies of it. It is the same as scanning a paper document into PDF format: the PDF is simply a copy. The ability to produce an original document and make copies is what is essential. A digital signature allows you to produce an original document in electronic format.