Israel: Electronic Signature Law 2001
Portant's eSignatures meet the requirements of Israel's Electronic Signature Law 2001 at the Basic Electronic Signature level, with several features compatible with Secure Electronic Signatures. Portant also adheres to Israel's Protection of Privacy Law 1981 when handling personal data tied to electronic transactions.
Overview of Israel's Electronic Signature Law
The Electronic Signature Law 2001 sets the legal framework for electronic signatures in Israel. It defines three types of signature based on the level of assurance:
- Basic Electronic Signature. Any digital means of signing a document.
- Secure Electronic Signature. A digital signature that ensures authenticity, integrity, and signer identification.
- Certified Electronic Signature. A secure electronic signature backed by a certificate from a recognised certification authority.
When and where the law applies
- Type of transactions: Most commercial, governmental, and personal transactions where traditional written signatures are required, including contracts, agreements, and official forms.
- Consent: All parties must agree to use electronic signatures.
- Exceptions: Certain documents (wills, real estate transactions, some legal agreements) may still require handwritten signatures.
Compliance requirements and how Portant meets them
| Compliance requirement | Description | Portant's compliance features |
|---|---|---|
| User consent | All parties must agree to use electronic signatures. | Portant prompts users to confirm consent before signing. |
| Document integrity | Signed documents must not be altered after signing. | Signed documents are locked and cannot be modified. |
| Signer identification | The signature must be linked to the signer. | Audit trails and metadata track signer information and actions throughout the signing process. |
| Time stamping | A verifiable date and time of signing supports legal authenticity. | Every signed document is timestamped. |
| Data protection | Personal data must be handled securely under the Protection of Privacy Law. | Portant uses encryption and secure storage to protect personal data. |
Compliance with 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 required for full Secure Electronic Signature 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 signatures backed by a recognised certification authority. |
Data protection and privacy
Portant adheres to data protection requirements under the Protection of Privacy Law 1981:
- Data security. Portant uses encryption and secure servers to protect user data during the signing process.
- Access control. Role-based access ensures that only authorised individuals can view, sign, and manage documents.
- Retention. Signed documents and related data are stored securely and accessible only to authorised users.
Practical considerations
- Get user consent. Make sure every party agrees to conduct the transaction electronically. Portant's consent prompts support this.
- Pick the right signature type. Use Portant's Basic Electronic Signature (or its Secure-compatible features) for general transactions. Certified Electronic Signatures require an external certification authority.
- Keep documents tamper-proof. Portant locks signed documents so they cannot be modified after signing.
- Handle sensitive data carefully. Comply with the Protection of Privacy Law by storing and managing personal information securely.
- Watch for exclusions. Some transactions (wills, real estate contracts) may fall outside the scope of electronic signatures and still need handwritten signatures.
Conclusion
Portant's eSignatures comply with Israel's Electronic Signature Law 2001 at the Basic Electronic Signature level, with features compatible with Secure Electronic Signatures. The platform also adheres to data protection standards under the Protection of Privacy Law 1981.
If you have questions about compliance, get in touch.