The legal force of an electronic signature in Georgia
The difference between a scanned signature, a simple electronic signature and a qualified signature made with an ID card — and when each one will do.
Three different things called by one name
In practice three different things are called "an electronic signature", and the difference between them matters precisely when a dispute arises.
- A scanned signature — a picture of a signature written on paper and placed in a document. This is not an electronic signature; it is an image, and anyone can copy it.
- A simple electronic signature — confirmation by a link, a code and an account. It has evidential value, particularly when it comes with a full history: who opened it, when, and from which address.
- A qualified electronic signature — made with an electronic ID card, through the card and its PIN. It is this type that, under the law, has the same force as a handwritten signature.
Why the audit trail matters
Whether a signature holds is not settled by the signature alone. It matters just as much that the document has not been changed since it was signed, and that there is a record of the whole process.
That is why a serious system keeps the signed version as a separate, unalterable file and records the exact time it was sent, opened, signed and returned. Any later change to the file shows up automatically when it is verified.
Which one to use, and when
The practical rule is simple: the higher the value or the risk of the document, the stronger the signature it needs. For an internal order or a working agreement a simple electronic signature is usually enough. For a large contract, a document concerning immovable property, or a document for a state body — a qualified one.
This article describes the general picture and does not replace legal advice. Which type of signature a particular document needs should be settled with your lawyer.
Frequently asked questions
Does the counterparty need the same system in order to sign?
No. They receive a protected link by email, read the document and sign it there, or return it with a comment — with no account to create.
What is needed to sign with an ID card?
A card reader, the card’s PIN and the signing service installed on the computer. The signing happens on the computer itself — the card and the PIN are not sent to the server.