Background
The internet has made the world a more connected place, allowing for transactions between people and businesses in different parts of the globe. With this increased globalization, the need for an efficient and secure system for the validation of legal documents has become more important. Technology always advances quicker than the law and until last year, there was only paper apostilles issued. Now the Foreign, Commonwealth and Development Office offers an e-apostille allowing for electronic signatures to be verified.
Understanding Apostille
What is an Apostille?
An Apostille is a certificate that authenticates the origin of a public document, such as a birth certificate, marriage certificate, or degree certificate, that is intended for use in another country. It is a simplified form of legalisation that verifies the document and ensures that it is recognized in the country where it is to be used.
The Hague Convention
The Hague Convention of 1961 established the Apostille system, which simplified the process of validating public documents across borders. Over 100 countries have signed the convention, and the Apostille system has become the standard for document validation for international transactions.
What is e-Apostille?
An e-Apostille is a digital solution that provides the same level of authentication and validation as a traditional Apostille. It is a system that enables public documents to be authenticated and recognised across borders without the need for physical paper documents.
Advantages of the e-Apostille
One of the main advantages of e-Apostille is the speed of the process. Traditional Apostille requires physical documents to be sent to the Foreign, Commonwealth and Development Office in the post, which can take up to 15-20 working days. With e-Apostille, the process is completed electronically, and documents can be validated and authenticated within hours, if not minutes.
Additionally, the digital nature of e-Apostille eliminates the need for physical documents to be sent across borders, reducing the risk of loss or damage during transit.
How the e-Apostille Works
Step-by-Step Process
The e-Apostille process involves the creation of a digital certificate that is attached to the electronic version of the document. The certificate includes information about the document, such as its origin, the name of the signatory, and the date of issuance.
The e-Apostille certificate is then digitally signed by the issuing authority, such as a government agency, to verify its authenticity. The digital signature is an encrypted code that ensures the document has not been tampered with and is recognized by the apostille receiving country.
Once the digital certificate has been signed, it is attached to the electronic version of the document and sent to the recipient. The recipient can then verify the authenticity of the e-Apostille using a unique verification code or QR code provided with the certificate.
e-Apostille and Digitalization
The traditional Apostille system has limitations in the age of digitalization. The process of physical document authentication and verification is time-consuming and physical documents can be lost or damaged during transit, further delaying the process. The e-Apostille provides a solution to the challenges of traditional Apostille. The digital nature of e-Apostille eliminates the need for physical documents to be sent across borders, reducing the risk of loss or damage. Additionally, the speed and efficiency of e-Apostille make it a more viable option for businesses and individuals in a digital age.
Potential for e-Apostille Growth
Currently only a handful of countries understand and accept the e-Apostille so it is not particularly popular at the moment. Once acceptance grows, the e-Apostille system is expected take over from the traditional apostille approach. Unfortunately governments and the law are slow to move with technology so it is likely to be a number of years before the demand for the e-Apostille takes over but it is only a matter of time.