Electronic Signature Law and Legality in Israel

Electronic signatures have been legally recognized in Israel since the enactment of the Electronic Signature Law in 2001. This legislation established the foundation for using digital signatures in both business and legal transactions.

Israel uses a tiered legal framework, meaning that different types of eSignatures carry varying legal weight. A certified electronic signature—Israel’s equivalent to the Qualified Electronic Signature (QES) used in the EU—offers the highest level of trust and is legally equivalent to a handwritten signature.

Basic and secure electronic signatures are also permitted in specific situations, depending on the nature of the document.

Are eSignatures Legal in Israel?

Yes. Electronic signatures are legally valid in Israel for most business and legal agreements. Israeli law defines three levels of electronic signatures:

1. Electronic Signature – A general digital mark or typed name
   
   
2. Secure Electronic Signature – More secure, meets identification and tamper-evidence requirements
   
   
3. Certified Electronic Signature – Backed by a trusted service provider and legally equal to a handwritten signature
   

Each signature type is appropriate based on the transaction’s risk level and legal requirements.

What Is a Secure Electronic Signature?

A secure electronic signature must meet the following conditions:

• It is uniquely linked to the signer
  
  
• The signer’s identity is easily verifiable
  
  
• It is created using a secure signing device
  
  
• Any post-signing modifications are detectable
  

This level of signature provides enhanced legal assurance and is similar in functionality and trust level to a QES in other countries.

Israel’s Legal System: A Hybrid Approach

Israel’s legal framework is primarily common law, drawing from British legal tradition. However, over time, it has integrated components from both civil law systems and Jewish law, creating a hybrid legal structure.

• Common Law influences decisions through precedent and judicial interpretation
  
  
• Civil Law principles appear in areas like administrative and commercial law
  
  
• This evolving legal model is somewhat unique but still shares similarities with systems in the UK, USA, and South Africa
  

When Is a Basic Electronic Signature Appropriate?

Previously, only secure and certified signatures were accepted for legal purposes in Israel. But since a 2018 amendment to the Electronic Signature Law, basic eSignatures have become more widely accepted, especially in low-risk contexts.

You can use a basic electronic signature for:

• Employment contracts and onboarding documents
  
  
• Non-disclosure agreements (NDAs)
  
  
• Sales agreements and procurement forms
  
  
• Purchase orders and invoices
  
  
• Software licenses and IP transfers
  
  
• User manuals, service agreements, and retail onboarding
  

However, documents like wills and testamentary trusts still require a secure or certified signature for legal validity.

Disclaimer

The content provided here is for general informational purposes only and does not constitute legal advice. Legal requirements may vary based on your jurisdiction or industry. Always consult a licensed attorney for legal guidance tailored to your situation. Blueink disclaims all liability for actions taken or not taken based on this content, to the fullest extent permitted by law.

‍