Property: QES in a post-Covid world

When the Law Society of Scotland started the Smartcard project in 2015, it was, dare we say, ahead of its time. Electronic execution of documents was still an idea for the future; this new “knotty technology” of advanced and qualified electronic signatures (“AES” and “QES”) was, for most, as far away from everyday operations as the moon. The uptake for the LSS smartcard was slow, and implementation was left to those who embraced new technology in general. The rest just waited to see how it would all turn out eventually.

Then coronavirus (Covid-19) struck, and nothing stayed the same. The pandemic was a game changer in terms of what the legal profession needed to continue functioning – access to electronic execution of all kinds via AES and QES. The LSS smartcard offered exactly that, a QES recognised worldwide, to those who had been keen enough to keep theirs current. For all others, commercial providers became slowly available. 

There is now a market for all levels of electronic signatures, and practitioners can no longer ignore them. We may have learned to live with Covid-19, but the consequences of its peak years are here to stay. This knotty technology is here to stay. Registers of Scotland allowing outside QES for submissions to the Books of Council & Session is only one example of how much the world has moved forward.

Security over convenience

The process for obtaining an LSS smartcard with QES has only slightly changed over the years. Is it as easy as clicking two buttons on a computer? No, it’s not. But being competitive in this market is not just a question of pricing and convenience. It is a question of usefulness, trust, and security – which is what the LSS smartcard delivers.

What most smartcard holders remember about getting their Law Society QES is the fact that their ID was checked by an operator in a face-to-face meeting. You obviously cannot do that from your livingroom. But considering recent publications about how easy it is to circumvent video identification, having IDs verified by a real person in a face-to-face meeting is not such a bad idea if you want to be sure who you are doing business with.

What most people immediately forget is that they entered their own PINs onto the chip of their own smartcard. Using this physical token as opposed to an online service is not hindering the normal work process in the slightest. On the contrary, it has the added security that the PINs and token cannot be hacked, cannot be phished or intercepted, and cannot be held to ransom otherwise. The smartcard holder is the only one with access to her or his QES, period.

In our experience, members appreciate that the smartcard with QES is issued by the Law Society of Scotland – their own organisation. It is still done in co-operation with the Spanish National Bar (which first adopted the technology used), but the only organisation they deal with is the Society. The fact that it is also a recognised ID card comes in equally handy.

No turning back

There is more than one provider of digital signatures out there, and practitioners need to decide themselves what is right for them. Not everyone will have use for a QES, of course. But those who do, need to do their research before opting for a commercial provider. That means due diligence and asking questions beyond the convenience of quick and easy startup. Such as: How does this actually work? Where is my original work product ultimately stored? How do I get to it – especially if I change provider? Who has access to the signature creation process? How much is it going to cost to complete the transaction, and what will the cost be at the end of the year? Are there alternatives?

The Society’s smartcard with QES answers all these questions, which was the main reason it was decided to align with the Spanish Bar in the first place. It is a tried and tested product which is cheaper to use than many, if not all, commercial offerings.

Whatever solicitors in Scotland decide, AES and QES are here to stay. The pandemic has only accelerated the process across the profession. And not getting on board means getting left behind.

For more information and to arrange an appointment to sign up for or renew your Law Society of Scotland smartcard with QES, contact Jana Berger on 0131 476 8197or smartcard@lawscot.org.uk