When is an electronic signature legally binding on a document? An overview for companies and individuals

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Legal framework for electronic signatures

The legal framework for electronic signatures is primarily provided by the following two key legal regulations:

• Act No. 272/2016 Coll. on Trust Services for Electronic Transactions in the Internal Market and on amendments to certain acts (hereinafter “the Act”).

• Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter “the Regulation”).

Section 3 of the Regulation states that an electronic signature is data in electronic form which is attached to or logically associated with other data in electronic form and which the signatory uses to sign. An electronic signature therefore represents information that can be used to identify the natural person who created the electronic signature.

An electronic signature represents the basic level of authentication of a natural person. Section 25 of the Regulation further states that the legal effect of an electronic signature and its admissibility as evidence in legal proceedings must not be denied solely because it is in electronic form or does not meet the requirements for qualified electronic signatures.

Did you know…

…a certificate for an electronic signature is an electronic attestation that links the data used to validate the signature with a natural person and confirms at least their name or pseudonym?

In practice, the highest level of legal validity is provided by a qualified certificate for an electronic signature, issued by a qualified trust service provider and meeting the legislative requirements set out in Annex I of the Regulation.

Types and legal validity of electronic signatures

Get to know the basic types of electronic signatures, from the lowest to the highest level of legal validity:

Digital (simple) electronic signature

A digital signature is secure and ensures confidentiality in communication and electronic interaction between natural and legal persons. It also increases the trustworthiness of electronic communication and digital transactions.

Electronic signature

With an electronic signature, you can immediately sign documents in the online environment, saving time on work and the delivery of paper documents. Electronic signatures enable fast and efficient collaboration between companies or individuals from different countries and regions of the world. A document signed electronically gains higher trustworthiness and ensures that such a signature cannot be altered.

Advanced electronic signature

This type of electronic signature provides higher legal validity and is accepted for a wider range of legal documents and transactions, including certain contracts and agreements. It requires reliable identification of the signatory, making it a more suitable solution for documents that need higher legal certainty regarding the identity of the signing parties.

Qualified electronic signature (QES)

Issuing this type of e-signature involves prescribed security measures and strict identity verification procedures for the applicant. As a result, it provides high security and trust at the highest legal level. A qualified electronic signature fully replaces a handwritten signature and therefore provides the highest legal force.

With a QES, you can sign any contracts, agreements, corporate documents, materials for the Commercial and Trade Register, and many other legal, corporate, business, administrative, and other documents with high legal validity.

Did you know…

…all electronic signatures issued through the NFQES digital platform are internationally accepted?

Summary and benefits of NFQES

Through the NFQES.com digital platform, you have access to four basic types of electronic signatures with different levels of legal force, effectiveness, and validity. The choice of a specific electronic signature depends on the purpose for which you need it in practice.

Electronic signatures and other digital services from NFQES.com provide the following benefits:

• Energy, time and cost savings: Any type of electronic signature allows you to handle business and personal matters quickly, easily and from anywhere — directly from your mobile phone or tablet.
• Security and confidence: These attributes are essential in any successful collaboration, including the online environment. We are a certification authority that issues certificates not only for the Slovak Republic, but also for all EU countries. We are regularly audited, enabling us to ensure the highest guarantee of security for electronic signing.
• Digital transformation: Digitisation brings numerous undeniable advantages for individuals and companies, including streamlining various corporate processes and personal matters. In many cases, it represents a significant competitive advantage, allowing you to invest saved resources into business development and improvement. For individuals, it offers substantial time savings and often reduced administrative and court fees, which are either not charged or are reduced by half when using electronic submission and signing.