Aadhaar XML eSign
Aadhaar XML eSign is a different type of executing an Aadhaar eSign. Aadhaar XML eSign is useful in case the signer does not want to disclose her Aadhaar number to perform an eSign, or does not have Aadhaar - mobile linkage.
To perform an Aadhaar XML eSign, the signer needs to complete a one time registration process with an eSign Service Provider (ESP) - where the signer needs to upload her Aadhaar eKYC XML file downloaded from the UIDAI website. Once the registration is done, the signing steps are fairly easy. The signer just needs to log into their account with the ESP and simply choose the Aadhaar XML eSign option to eSign the electronic document.
The Aadhaar XML eSign process is more complex than the Online Aadhaar eSign process:
- It requires a multi-step procurement process
- Requires remembering an account ID and password
However it is still much easier than a typical DSC Token Process:
- It doesn’t require “purchase” of a physical device
- Signing steps are much easier once you have created the ESP account
- It can be used across all devices – mobile or desktop
- It doesn’t require a physical device
Aadhaar XML eSign is just a different technological process to affix an Aadhaar eSign. In legal terms - there is no difference between Aadhaar Online eSign and Aadhaar XML eSign.
You can view our legal analysis of the validity of Aadhaar eSign in the mini post about Aadhaar Online eSign here.
Here is a handy table which tells you where can you legally use Aadhaar XML eSign:
The legal enforceability of any eSign type depends on:
- How well it can establish the identity of the signer (Authentication)
- Whether the document can be altered after the signatures are affixed (Integrity)
- Whether the parties can deny their acceptance of the terms and conditions at a later stage (Non-repudiation)
An Aadhaar XML eSign is very easy to enforce because it performs these 3 functions very well:
In addition to the underlying technology, there are certain legal presumptions in favour of Aadhaar XML eSign which make enforcement even easier:
- Section 67A - if a signer uses Aadhaar XML eSign to execute a document then it will be presumed that such eSign belonged to the signer herself and not to any other person. The signer cannot later on refute her eSign on the document.
- Section 85A - an agreement which has been executed using Aadhaar XML eSign will be presumed to have been concluded between the parties and attained finality. This lends certainty as to the finality of the terms and conditions agreed between parties to the agreement.
- Section 85B(1) - it is legally presumed that the document has not been altered once it has been signed using Aadhaar XML eSign
- Section 85B(2) - if the signer signs a document using Aadhaar XML eSign, it is presumed that the signer signed it with the intention of signing or approving the document
- Section 85C - it is presumed that the details mentioned in the Electronic Signature Certificate, such as name of the signer, email ID and time of signing is true. This helps in establishing the identity of the person who signed the document.