What a digital signature?
Under California law, a digital signature is defined as “an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.” Government Code section 16.5 states a digital signature shall have the same force and effect as a manual signature if and only if: • It is unique to the person using it. • It is capable of verification. • It is under the sole control of the person using it. • It is linked to data in such a manner that if the data are changed, the digital signature is invalidated, and • It conforms to regulations adopted by the Secretary of State. Government Code section 16.5 also states that the use or acceptance of a digital signature is at the option of the parties to the transaction and nothing in the law requires a public entity to use or accept the submission of a document containing a digital signature. The regulations adopted by the Secretary of State define the types of technologies that are ac
