Electronic Signatures & Legal Validity
Understanding the legal standing of electronic signatures and fraud prevention measures
Legal Framework for Electronic Signatures
Electronic signatures on funding declarations are legally binding under UK law. The relevant legislation includes:
Electronic Communications Act 2000
Section 7 of this Act establishes that electronic signatures are admissible as evidence in legal proceedings. An electronic signature that is:
- Incorporated into or associated with the electronic communication
- Used to authenticate the identity of the signer
is admissible as evidence of the authenticity and integrity of the document.
eIDAS Regulation (UK GDPR)
Under retained EU law, electronic signatures cannot be denied legal effect solely because they are in electronic form. The system creates what is classified as an Advanced Electronic Signature (AES), providing:
- Unique link to the signatory
- Capability to identify the signatory
- Data under the sole control of the signatory
- Detection of any subsequent changes to the signed data
How the E-Signature Process Works
1. Identity Verification
Before signing, the parent's identity is verified through:
- Unique verification code sent to their registered email/phone
- Account login (if registered)
- National Insurance number matching
2. Declaration Confirmation
The parent must confirm they:
- Have read the funding agreement
- Understand the declarations being made
- Confirm their identity and relationship to the child
- Accept that false statements may result in prosecution
3. Signature Capture
The parent types their full legal name as their signature. This method is legally equivalent to a handwritten signature because:
- It's a deliberate act by the signer
- It's authenticated by the verification process
- It's recorded with comprehensive audit data
Fraud Prevention Measures
To ensure signatures are genuine and detect potential fraud, the system captures:
Signing Certificate Data
| Data Point | Purpose |
|---|---|
| Certificate ID | Unique identifier (32-character UUID) |
| Verification Code | Short code printed on documents for lookup |
| Document Hash | SHA-256 hash to detect any tampering |
| Signature Hash | Hash of the signature data |
| Timestamp | UTC date/time of signing |
| IP Address | Network location of signer |
| Geolocation | GPS coordinates (if permitted by user) |
| Device Fingerprint | Browser, OS, screen resolution |
| Canvas Fingerprint | Unique browser rendering identifier |
| Session Time | Time spent on the signing page |
Device & Browser Information
- User Agent: Browser type and version
- Operating System: Windows, macOS, iOS, Android
- Screen Resolution: Device display size
- Canvas Fingerprint: Unique identifier based on browser rendering
Location Data (Optional)
If the parent permits location access:
- GPS coordinates (latitude/longitude)
- Accuracy in metres
- Used to verify plausible location
Document Integrity
SHA-256 Hashing
Each signed agreement has a cryptographic hash calculated:
- Hash is stored in the signing certificate
- Any modification to the document changes the hash
- Used to verify document hasn't been altered post-signing
Certificate Validation
Administrators can validate any signed document:
- Upload the PDF to the Certificate Validation page
- System calculates the document's hash
- Compares against stored certificate hash
- Displays authentic (match) or fraudulent (no match)
Legal Standing in Disputes
In case of disputes about a signature, the system provides:
- Non-repudiation: Signer cannot deny they signed (IP, device, location data)
- Integrity: Document cannot be altered without detection
- Audit trail: Complete record of the signing process
- Timestamp: Definitive proof of when signing occurred
Compliance with Funding Requirements
Electronic signatures on funding declarations satisfy:
- DfE Early Years Funding requirements
- Local Authority audit requirements
- HMRC records for 30-hour code claims
- GDPR consent documentation
Employee Assisted Signatures
When staff complete declarations on behalf of parents:
- Additional audit fields record who assisted
- Declaration states it was completed with assistance
- Still legally binding as parent provides verbal consent
- Recommended to have parent present when signing
Key Point: Electronic signatures in this system are fully legally binding and provide stronger audit trails than paper signatures. They are accepted by local authorities and meet all DfE requirements for early years funding.
Warning: False declarations on funding forms may constitute fraud. The Electronic Communications Act 2000 and Fraud Act 2006 apply equally to electronic and paper signatures.