Israel: Electronic Signature Law 2001

Portant's Compliance with Israel's Electronic Signature Law and Data Protection Standards

In Israel, the use of electronic signatures is governed by the Electronic Signature Law 2001 and related regulations. This law ensures that electronic signatures are legally recognized and enforceable, provided they meet specific criteria. Additionally, compliance with Israel’s data protection laws, particularly the Protection of Privacy Law 1981, is essential when handling personal information in electronic transactions. This article provides an overview of these laws and details how Portant’s eSignature solution complies with them.

---

Overview of Israel’s Electronic Signature Law

Israel’s Electronic Signature Law 2001 establishes the legal framework for electronic signatures and their use in digital transactions. The law categorizes electronic signatures into three types based on their level of assurance:

1. Basic Electronic Signature: Any digital means of signing a document.

2. Secure Electronic Signature: A digital signature that ensures authenticity, integrity, and signer identification.

3. Certified Electronic Signature: A secure electronic signature backed by a certificate from a recognized certification authority.

---

When and Where the Law Applies

The Electronic Signature Law applies in various contexts across Israel, with specific conditions:

• Type of Transactions: Most commercial, governmental, and personal transactions where traditional written signatures are required, including contracts, agreements, and official forms.

• Consent to Use Electronic Signatures: All parties must agree to use electronic means for signing and transactions.

• Exceptions: Certain documents, such as wills, real estate transactions, and some legal agreements, may still require handwritten signatures.

---

Key Compliance Requirements and Portant’s Approach

Portant’s eSignature solution is designed to comply with Israel’s Electronic Signature Law by incorporating the features necessary for legally valid and enforceable electronic signatures:

Compliance Requirement	Description	Portant’s Compliance Features
User Consent	All parties must agree to use electronic signatures.	User Consent Mechanisms: Portant requires users to confirm consent before signing electronically.
Document Integrity	Ensures documents are not altered after signing.	Document Integrity Verification: Locks documents post-signature to prevent unauthorized modifications.
Signer Identification	Ensures that the signature is linked to the signer.	Audit Trails and Metadata: Tracks signer information and actions throughout the signing process.
Time Stamping	Provides verifiable date and time of the signature.	Time Stamping: Adds a timestamp to every signature for legal authenticity.
Data Protection Compliance	Personal data must be handled securely under Israel’s Protection of Privacy Law.	Data Protection: Portant uses encryption and secure storage to protect personal data.

---

Compliance with Signature Types

The Electronic Signature Law recognizes three levels of signatures. Portant’s eSignature solution complies with basic electronic signatures and incorporates features compatible with secure electronic signatures. Here is how Portant aligns with these signature types:

Signature Type	Description	Portant’s Compliance
Basic Electronic Signature	A digital representation of a signature suitable for general business transactions.	Compliant: Portant provides fully compliant basic electronic signature capabilities.
Secure Electronic Signature	Ensures authenticity, integrity, and identification, using advanced security features.	Partial Compliance: Portant supports document integrity, audit trails, and timestamps but does not include biometric verification or cryptographic tools for full compliance.
Certified Electronic Signature	A secure electronic signature backed by a certification authority, legally equivalent to a handwritten signature in court.	Not Compliant: Portant does not currently offer certified electronic signatures requiring certification by a recognized authority.

---

Data Protection and Privacy Compliance

In addition to signature requirements, Portant adheres to data protection laws under the Protection of Privacy Law 1981, ensuring secure handling of personal information associated with electronic transactions:

• Data Security: Portant uses encryption and secure servers to protect user data during the signing process.

• Access Control: Role-based access ensures that only authorized individuals can view, sign, and manage documents.

• Retention Policies: Signed documents and related data are stored securely and are accessible only to authorized users.

---

Best Practices for Using eSignatures in Israel

To maximize compliance with Israel’s laws, consider the following when using Portant’s eSignature solution:

1. Obtaining User Consent

   • Ensure all parties agree to conduct transactions electronically. Portant’s consent prompts facilitate this requirement.

2. Selecting the Right Signature Type

   • Use Portant’s basic or secure electronic signatures for general transactions. For certified electronic signatures, an external certification authority may be required.

3. Maintaining Document Integrity

   • Protect signed documents from tampering. Portant’s Document Integrity Verification ensures that documents remain unaltered post-signature.

4. Handling Sensitive Data Securely

   • Comply with data protection laws by securely storing and managing personal information associated with electronic transactions.

5. Understanding Document Exclusions

   • Verify if your document type requires a handwritten signature, as certain transactions, such as wills or real estate contracts, may fall outside the scope of electronic signatures.

---

Conclusion

Portant’s eSignature solution complies with Israel’s Electronic Signature Law 2001 by supporting basic electronic signatures and incorporating features compatible with secure electronic signatures. Additionally, our platform adheres to data protection standards under the Protection of Privacy Law 1981, ensuring secure and legally valid electronic transactions.

If you have further questions about compliance or need assistance with eSignatures in Israel, our support team is here to help.