Biometric Signatures in the Context of Regulation (EU) nr. 910/2014 and the General Data Protection Regulation: The Evidential Value and Anonymization of Biometric Data

In this chapter, we intend to analyze the importance of the biometric signature in the context of the dematerialization of legal business, given its proximity to the handwritten signature. Currently, despite the existence of Portuguese and European legislation regarding the legal framework of electronic signatures, there is no autonomous provision regarding biometric signatures. For this reason, we will analyze whether or not there is a need for legislative autonomy regarding this type of signatures, considering their idiosyncrasies in the context of electronic signatures, especially regarding their evidential value. Furthermore, we will frame biometric signatures within the General Data Protection Regulation, since biometric signatures presuppose the processing of sensitive—biometric—data. It is precisely within this framework that one of the central issues of this text arises, namely, the use of biometric signatures to formalize legal transactions, paying attention to the importance of using appropriate measures to protect biometric data when affixing this type of signature. Thus, we intend to present a solution to this issue, namely, through encryption techniques capable of anonymizing biometric data at the moment the biometric signature is affixed by the signer.