Electronic Signing: Practical Questions and Answers

Article content

Electronic signing is gradually becoming a common part of modern life. An electronic signature allows you to sign remotely, communicate with authorities and companies, and handle official and business matters without the need for an in-person visit to these organizations. We have prepared for you a short overview of answers to frequently asked questions related to electronic signing, which will help you better navigate this topic.

What Is an Electronic Signature?

Under Regulation (EU) No 910/2014 of the European Parliament and of the Council (eIDAS), an electronic signature is data in electronic form which is attached to or logically associated with other data and which the signatory uses to sign.

An electronic signature thus represents information attached to, or otherwise logically associated with, an electronic document in the online environment, by means of which it is possible to identify the natural person who created the electronic signature.

How to Obtain an Electronic Signature?

Electronic signing is a modern, secure, fast and environmentally friendly way of signing documents. Via the NFQES platform you can sign documents online and free of charge. For more information, you can book a consultation with us, or you can register directly at the following link: NFQES.

TIP:

To sign with a digital electronic signature, it is enough to register and verify your phone number. To sign with other types of electronic signatures, your verification is required and you must also have an NFQES HW Token or a mobile application for two-factor authentication.

What Is NFQES?

The NFQES digital platform is operated by the company BRAIN:IT, which is a trust service provider listed in the European Trusted List of trust service providers. Thanks to this, the services and solutions provided are always in compliance with the European eIDAS Regulation. Within the services provided, the following are available with us:

• Electronic signing.
• Document verification.
• Document archiving.
• Remote certificates and other services.

What Types of Signatures Does the NFQES Platform Provide?

On the digital platform you can obtain the following types of electronic signatures:

• Digital (simple) electronic signature.
• Electronic signature.
• Advanced electronic signature.
• Qualified electronic signature.

TIP:

When signing with a digital electronic signature and an electronic signature, you do not need to use an identity card.

In What Ways Can You Sign in the NFQES Service?

The NFQES online platform allows registered users to sign electronically in the following ways:

• With an electronic signature using an identity card: it is free of charge and you can use it, for example, to sign applications, proposals or appeals for state bodies. You can also add your graphic signature and a time stamp to the signature and use an electronic mailbox.
• With an electronic signature using an online certificate: it includes all levels of signatures and attests that you signed the document.
• With a digital signature: it has the lowest legal force. However, you can use it, for example, to guarantee the authenticity and integrity of a PDF document in ordinary business dealings or within company communication. The signature is free of charge and you can sign documents online.

What Can You Use an Electronic Signature For?

You can use electronic signing in the following situations:

• In internal company communication.
• In communication with business partners and suppliers.
• In communication with other natural persons.

With an electronic signature you can sign, for example:

• orders, delivery notes, acceptance protocols and invoices,
• contracts and amendments to contracts,
• internal company documents, such as guidelines, minutes of general meetings, work documents, leave slips, payslips and others,
• founding documents in commercial companies,
• financial and banking documents, such as loan applications, insurance contracts and others,
• personal documents, such as various affidavits, applications or appeals.

Is an Electronic Signature Suitable for Ordinary People Too?

All types of electronic signatures from the NFQES digital platform are suitable and practically usable for natural persons, legal persons and public institutions.

What Are the Legal Effects of Electronic Signatures?

Article 25 of the European eIDAS Regulation stipulates that the legal effect of an electronic signature and its admissibility as evidence in legal proceedings must not be denied solely on the grounds that it is an electronic signature or that it does not meet the requirements for a qualified electronic signature.

A qualified electronic signature has a legal effect equivalent to a handwritten signature, and a qualified electronic signature based on a qualified certificate issued in one Member State is recognized as a qualified electronic signature in all other Member States.

What Are the Legal Effects of Electronic Time Stamps?

Article 41 of the European eIDAS Regulation states that the legal effect of an electronic time stamp and its admissibility as evidence in legal proceedings must not be denied solely on the grounds that it is in electronic form or that it does not meet the requirements for a qualified electronic time stamp.

For a qualified electronic time stamp, there is a presumption of the accuracy of the date and time it indicates and of the integrity of the data with which the date and time are associated. A qualified electronic time stamp issued in one Member State is recognized as a qualified electronic time stamp in all Member States.

TIP:

If you are the holder of a qualified electronic time stamp, you save yourself an in-person visit to a notary or registry office when you need an official certification of a signature on a document.

What Are the Legal Effects of Electronic Documents?

In the past, it often held that paper documents signed with a handwritten signature – or, additionally, with a signature officially certified at a notary or registry office – have greater legal force. Currently, it holds that an electronic documenttoo has legal effects, and its admissibility as evidence in legal proceedings must not be denied solely on the grounds that it is a document in electronic form.

If you are interested in which electronic signatures will allow you to sign various documents with various legal force, read the brief overview for companies and individuals.