Israel: Electronic Signature Law 2001
Portant provides simple electronic signatures. It does not provide secure or certified electronic signatures as the law defines them, and it does not verify a signer's identity.
Under section 3(a) of Israel's Electronic Signature Law 5761-2001 (as amended in 2018), a signature cannot be refused admissibility as evidence only because it is electronic. Some documents need more. A will under sections 20 or 22 of the Succession Law 5725-1965, and a memorandum of an oral will under section 23(b), need a certified electronic signature. A handwritten will under section 19 cannot be signed electronically at all.
This page is general information, not legal advice. For regulated or high-value documents, check with a lawyer before you rely on an electronic signature.
Overview of Israel's Electronic Signature Law
The Electronic Signature Law 5761-2001 sets the legal framework for electronic signatures in Israel. It was substantially amended in 2018 (Amendment No. 3). It defines three types of signature:
- Electronic signature. Electronic data or an electronic sign that is attached to or associated with an electronic message.
- Secure electronic signature. An electronic signature that is unique to the owner of the signing device, enables apparent identification of that owner, is created with a signing device that can be kept under the owner's sole control, and shows any change made to the message after signing.
- Certified electronic signature. A secure electronic signature backed by an approved electronic certificate from a certification authority registered under the law.
When and where the law applies
- Signatures required by law: When a law requires a person's signature on a document, section 2(a) lets an electronic document meet that requirement with a certified electronic signature. It also accepts another electronic signature, as long as the purposes of the signature requirement are met with enough certainty in the circumstances.
- Proving who signed: For a contract, section 3A puts the burden of proving that the other party signed on the party that designed how the electronic signature is made. That is usually the sender. A contract cannot change this rule. The law gives an ordinary electronic signature no presumption about who signed or whether the message changed (the section 3(b) presumptions apply only to secure signatures), so keep your signing records.
- Documents that need more: Under section 2(b) and the First Schedule, a will under sections 20 or 22 of the Succession Law 5725-1965, and a memorandum of an oral will under section 23(b), need a certified electronic signature. A handwritten will under section 19 cannot be signed electronically. The Minister of Justice can change this list by order, with the approval of the Knesset Science and Technology Committee.
- Other laws: The law adds to other legislation and does not override it. Check whether another law sets its own form, witness or registration rules for your document, for example land transactions.
What Portant records
| Topic | Why it matters | What Portant does |
|---|---|---|
| Intent to sign | A clear act of signing helps show the signer meant to sign. | Before signing, every signer ticks a box that says "I understand that this is a legal representation of my signature". This confirms intent to sign. |
| Document integrity | Showing that a document has not changed since signing strengthens it as evidence. | Every signed PDF is locked and hashed. Anyone can check a signed PDF at sign.portant.co. It confirms only whether the file is an unchanged Portant document. It does not show who signed, when, or from where. |
| Who signed | Showing who signed helps if a signature is disputed (see section 3A). | Portant sends the request to the email addresses you add. Anyone with the signing link can sign, so if a recipient forwards the email, the person who receives it can sign. Portant does not verify who opens or signs. On paid plans (Pro, Team and Enterprise), you can append an audit trail to the signed PDF. It shows each access and each signature with the signer's email, date and time, IP address, approximate IP location and device. |
| Time of signing | A record of when each party signed helps if a signature is disputed. | On paid plans, the audit trail shows the date and time of each signature and when the document was completed. |
Signature types under the law
| Signature type | Definition | What Portant provides |
|---|---|---|
| Electronic signature | Electronic data or an electronic sign attached to or associated with an electronic message. | This is what Portant provides. Portant signatures are simple electronic signatures. |
| Secure electronic signature | Unique to the owner of the signing device, enables apparent identification of that owner, made with a device that can be kept under the owner's sole control, and shows later changes. | Not provided. Portant does not use a signing device under the signer's sole control and does not identify the signer. |
| Certified electronic signature | A secure electronic signature backed by an approved electronic certificate from a registered certification authority. It always meets a signature requirement in a law, and some wills require it. | Not provided. Portant does not offer certified electronic signatures. |
Data protection and privacy
Portant hosts data on Google Cloud Platform (GCP). For how Portant processes personal data, see the Data Protection Addendum.
The signed PDF is saved where your workflow sends its outputs, for example the HubSpot record, Google Drive, SharePoint or OneDrive, or Portant hosting. Each signer can get a copy of the signed PDF when you turn on signature receipts.
Anyone with a signing link can sign. If a recipient forwards a signature request email, the person who receives it can sign. A signable document with no source works the same way: anyone who opens its signing link can sign their own copy. Keep sensitive requests to trusted recipients.
If you collect signer details, Israel's Protection of Privacy Law 5741-1981 may apply to how you handle them. Check your obligations with a lawyer.
Practical considerations
- Keep the signing records. The sender usually has to prove who signed a contract (section 3A). On paid plans (Pro, Team and Enterprise), turn on the Audit trail toggle before you send the request, so the signing events are appended to the signed PDF. You cannot add the audit trail to a PDF that is already signed. See Audit trail. Keep the signed PDF.
- Pick the right signature type. Portant's simple electronic signatures suit everyday business documents. If a law requires a signature, check that the purposes of that requirement are met. Some wills need a certified electronic signature, and a handwritten will cannot be signed electronically.
- Check other laws. Another law may set its own form, witness or registration rules for your document.
- Handle personal data carefully. If you collect signer details, check what the Protection of Privacy Law requires of you.
- Ask a lawyer. For regulated or high-value documents, check with a lawyer before you rely on an electronic signature.
Conclusion
Portant provides simple electronic signatures. Under Israel's Electronic Signature Law 5761-2001, such a signature cannot be refused admissibility only because it is electronic. For a contract, the sender usually has to prove who signed, so keep the signing records. Some wills need a certified or handwritten signature, and Portant does not provide certified or secure electronic signatures.
If you have questions about Portant's signatures, get in touch.