Israeli Electronic Signature Compliance Guide

Is electronic signature legal in Israel? What are the main laws governing electronic signatures?

Electronic signatures are legal in Israel and are primarily governed by the Electronic Signature Law, 2001 (hereinafter referred to as the “ESL”), the Electronic Signature Regulations (Secure Electronic Signatures, Hardware and Software Systems and Application Testing), and the Electronic Signature Regulations (Registration of Approved Bodies and Management).

What types of electronic signatures are recognized in Israel? What are the requirements for each?

Israel recognizes three types of electronic signatures: electronic signatures, secure electronic signatures, and certified electronic signatures.

1. Electronic Signature

Refers to electronic data or electronic identification attached to or associated with electronic information.

2. Secure Electronic Signature

Refers to an electronic signature that meets all of the following requirements:

• The signature is the exclusive identifier of the owner of the signing device;

• The identity of the owner of the signing device can be clearly identified;

• Generated using a device controlled solely by the owner of the signing device;

• Any changes to the electronic message after signing can be traced and verified.

3. Certified Electronic Signature

Supported by an electronic certificate from a recognized certification service provider or Certificate Authority (CA).

In Israel, in which scenarios are there no special requirements for the type of electronic signature?

• Human Resources

• Procurement

• Company resolutions (but subject to the company’s articles of association and the rights and authorizations of the signatories)

• Confidentiality agreements

• Software licenses

• Medical

• Loans

• Involving movable property

• Insurance

• Education

• Life sciences

• High-tech

• Documents to be recorded

• Consumer transactions

In Israel, which scenarios require a higher level of electronic signature?

• Certain bank documents

• Real estate

• Documents requiring notarization or Hague apostille copies

• Certain government documents

In Israel, which scenarios require the use of traditional signatures?

• Handwritten wills

• Israeli courts do not accept affidavits signed by any electronic signature method

• Certain transfers and land registration requests, powers of attorney, and agreements between banks and their customers