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Q.What is a digital signature?

A.A digital signature is simply one type of electronic signature. It involves the use of a public key to provide an encryption-based signature to a message.

California law defines 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." Pursuant to California Government Code Section 16.5, a digital signature shall have the same force and effect as a manual signature if and only if it embodies all of the following attributes:

  1. It is unique to the person using it;

  2. It is capable of verification;

  3. It is under the sole control of the person using it;

  4. It is linked to data in such a manner that if the data are changed, the digital signature is invalidated; and

  5. It conforms to regulations adopted by the secretary of state.

Copyright 1999-2018 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.