By, Antonio Taurisano – General Manager, Digital Transaction Management @ Namirial Group

Customer digital enrollment or onboarding is one of the top priority in Digital Transformation programs, especially in Financial Services.

One of the most frequent questions I get from Clients in European Union countries where video-identification is not regulated by national laws is: “can I use video-identification to digitally onboard my customers?” And my answer is always: “Yes you can”.

You can. Because according to EU Regulation 910/2014 (aka eIDAS) Art. 24.1.d, a qualified certificate can be issued “by using other identification methods recognized at national level which provide equivalent assurance in terms of reliability to physical presence. The equivalent assurance shall be confirmed by a conformity assessment body”.

The qualified certificate issued by other identification methods, such as video-identification, can then be used to electronically sign the on-boarding contract, since, according to Art 25.2, “A qualified electronic signature shall have the equivalent legal effect of a handwritten signature”.

To ensure that your video-identification process is compliant to eIDAS, you have to ask the Qualified Trust Service Provider (QTSP) of your choice for the evidence that the equivalent assurance has been confirmed by a Conformity Assessment Body (CAB).

The QTSP can belong to any Member State, since, according to Art. 25.3 “A qualified electronic signature based on a qualified certificate issued in one Member State shall be recognized as a qualified electronic signature in all other Member States”

Namirial provides a solution for fully Digital Customer on-boarding and Know Your Customer processes, with the capability to verify user identity, in real time, by video conference and to sign legally binding contracts online (see the press release hereand a video of the solution here). Namirialcan also share with his customers the evidence, from a Conformity Assessment Body, that the video-identification procedure adopted is in consistency with Article 24.

Do you still have doubts? Please go and read Questions & Answers on Trust Services under eIDAS, published by the European Commission. Two of them are reported below:

When issuing a qualified certificate, can a qualified trust service provider verify the identity of the natural or legal person to whom the qualified certificate is issued via video conference?

Yes. Qualified trust service providers can identify a person to whom they issue a certificate via video conference, as long as the procedure is foreseen at a national level and complies with the eIDAS Regulation. More specifically, under eIDAS (article 24(1)d), video conference could be an identification method is recognised as such at national level and with the precondition that it provides equivalent assurance in terms of reliability to physical presence (e.g. data checked against an authoritative source, for example, population register, etc.), confirmed by a conformity assessment body.

To which ”national law” does article 24(1) refers, especially in cross-border situations where the trust service provider provides trusted services in another Member State than where the trust service provider is established?

”National law” in article 24(1) refers to the national law of the Member State where the qualified trust service provider is established. Even when a trust service provider established in a Member State provides trust services in another Member State, the applicable ”national law” is the one of the Member State where the qualified trust service provider is established.

White paper from Ken Moyle, the former CLO at DocuSign and one of the preeminent legal minds on e-signature:

To date, worldwide eSignature adoption has been driven by SaaS providers offering rapid deployment, measurable ROI and high customer satisfaction. However, SaaS implementations have in some ways become victims of their own success, leaving large gaps in their market due to their focus on remote transactions and hardware-agnostic, cloud-only delivery of eSignature services.

It is becoming clear that a combination of pen technology and SaaS signing may be the key to a complete electronic signature solution. Advances in pen technology have resulted in electronic records that capture biometric artifacts as well as transaction data, creating opportunities to fill usability and compliance gaps that online signing alone has been unable to address.

Elimination of handwriting need not be the goal of digital transformation, nor should the appropriate use of on-pre-mise tools be viewed as an admission that the SaaS model is somehow flawed. Physical handwriting continues to enjoy both ease of use for signers and perceived legitimacy by relying parties. Pen technology offers a natural and less complicated means of interacting at the point of sale, while capturing data that can be used effectively in a cloud-based deployment.

Cloud vendors and eSignature users should be open to the idea that even cloud-first applications will need to occa-sionally “touch ground” in order to provide a complete solution.

Download the white paper from K6Partners here: https://cursive.cloud

Namirial eSignAnyWhere integrated with a CRM core system: MS Dynamics

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