Can a Simple Electronic Signature (SES) Be Used to Sign a Contract?

Now, a more detailed explanation:
First, let's understand what SES is. It is something that allows identification of the person sending the document (through passwords, codes, or other means). According to the Electronic Signature Law, there are two tySES:

1. A signature generated by the user using a program or information system, attached to a document (e.g., a message generated by the program “signed by so-and-so”).
   

2. A signature generated by the user through identification (authentication) in an information system (e.g., login and password for public services, SMS code from a bank, fingerprint in an app, etc.). An information system (IS) is essentially a system with identification capabilities, and the user perceives it this way (signing can only be initiated by the subject).

Additionally, under the Civil Code of the Russian Federation, it is possible to conclude a contract in writing through the exchange of electronic documents. As you might guess, it’s necessary to be able to identify the sender of the message, which is where SES helps. Authentication in the sender’s email already serves as the electronic signature. The differences between SES and a handwritten signature are similar to those between SES and a qualified electronic signature (QES): SES is separable, it can be seized, and it’s not created using special encryption, making it much easier to forge.

Thus, typically, SES can be used to sign even a credit agreement (for example, an SMS code sent to your phone is also SES), but disputing the fact that a contract was signed using SES is much easier than with QES, because that’s the purpose of QES: to provide effective protection against the forgery of the signing party’s actions (though this doesn’t mean it guarantees protection).

For instance, how can you determine whether an email belongs to a particular organization? This may be listed in the Unified State Register of Legal Entities (EGRUL), making it hard to deny, or it can be established in another way, such as through prior correspondence, etc.

You need to clearly understand that sending a message over the Internet can mean sending an electronic document signed with SES, especially in corporate email accounts. Therefore, it’s essential to be aware of the risks of compromise and ideally agree upfront with counterparties on which email addresses are acceptable for communication.