QES: the who and how

Over recent years, the use of electronic signatures has become increasingly common in a range of commercial transactions and contracts, and the pandemic only served to speed up wider adoption. 

As this trend is expected to continue, it is important to be aware of the different options available and the legal requirements for different types of documents. 

The Society’s Electronic Signatures Working Group published a guide to electronic signatures in 2020 which outlines the different types of signatures and their validity as well as the signing and verification process. The guide can be found in the business support section of the Society’s website. 

In addition to this guide, the Society has recently been looking specifically at the use of qualified electronic signatures (QES). 

A QES is the most secure type of signature as it involves the signatory’s identity being verified by a qualified trust service provider before the signatory is issued with a QES. Under Scots law, a QES is the only type of electronic signature that is self-proving (probative). It is used for:

• missives and other documents dealing with the transfer of rights in land;
• certain types of guarantees; and
• where (under Scots law) you wish a document to have self-proving status.

Many in the profession will already be familiar with a QES as it is a fundamental benefit in your Law Society of Scotland smartcard. In some countries (including some in continental Europe with civil law systems), QESs are more widely available. For example, some countries have them built into national identity cards. 

Qualified electronic signatures are by their secure nature more complex than other types of signatures and, along with higher costs, this has been seen as a barrier to adoption for some firms. However, there are now many providers who offer affordable cloud-based QES solutions that integrate easily to existing legal processes. It can be challenging to decide which QES provider to choose, so the Society has created a panel of providers (see logos) to help solicitors find a suitable solution for their needs by comparing benefits and costs. This panel is expected to grow, as it only represents a small selection of the market at present, but it is important to be able to compare what is on offer.  

More details of the panel can be found on the Society’s website.

Notifications

ENTRANCE CERTIFICATES ISSUED DURING november/december 2021

ANDERSON, Samantha 

ASLAM, Amina 

CARMICHAEL, David W A

FINNON, Peter Joseph

HIRAN, Jasmine Gilraj

HOURSTON, Thomas 

LAL, Priya Javed

MACDONALD, Jonathan Magnus

McKEOWN, Tim Robert

McMILLAN, James David

MOHAMMED, Jena Karen

MORRISON, Samantha Ria

OPALA, Morgen 

PANOL, Suzanne 

QUINN, Gillian 

RATHBONE, Hilary McPhail

SCOTT, Gillian Catherine Anne

APPLICATIONS FOR ADMISSION

November/december 2021 

BORTHWICK, Alison Elizabeth 

CHANEVA, Lili Teodorova

DAVIDSON-RICHARDS, Oliver

DORMER, Deborah

DORRIAN, Robert Lindsay

DUFF, Megan Louise

FAULDS, Lewis David 

HAIR, Charlotte Anna Marion

JOHNSTONE, Kate Anne

KEENAN, Julianna Frances

KOCELA, Anna Maria

LIGHT, Luke Evan 

McALLISTER, Lindsay Regan

McALLISTER, Megan

McALONAN, Danielle Josephine

McALPINE, Anna Megan 

MACDONALD, Andrew Lewis

MACDONALD, Sarah Louise

McFADYEN, Emily

McFARLANE, Lucie Maria

McGOWAN, Sarah Emily

McGRATH, Kieran Sean 

McKITRICK, Michael Thomas 

McNALLY, Sophie Marie

MACPHERSON, Katherine Rhona Morrison

MALLEY, Sophie

MALTMAN, Heather

MOUAT, Anna Lai-Ming 

NOBLE, Jennifer Ann

PEOPLES, Ruari Daniel

PHILIP-DAVIDSON, Sophie

REYNOLDS, Caroline Elaine

ROBERTSON, Andrew Francis

SCOTT, Erin Atlanta 

SHANNON, Nicholas Gregory

SHERIDAN, David Myles 

SKINNER, Celine Page

SLOAN, April