Electronic signature

As reported in our previous newsletter, the so-called Digital Citizenship Programme (DÁP) will enter a new phase from the beginning of next year. The next step of the programme will also affect the current practice of the Identification Based Document Authentication (AVDH), as this option will basically be abolished. We have summarized the most important information regarding the changes below.

AVDH covers a service that allows you to authenticate any electronic document easily and free of charge. The service is currently available to every natural person, who has a Client Gate. A document authenticated with AVDH resulted a private document with full probative value, which could be used not only for private purposes (e.g., it could also be used as a company representative).

However, under the Digital Citizenship Act, AVDH will cease to exist from the beginning of next year. Therefore, those who have been using AVDH authentication will have to look for a new e-signature solution from the beginning of next year. Below are some examples of the options available:

E-signature function of DÁP

• DÁP will also provide a qualified electronic signature free of charge;will allow electronic documents to be signed by several persons in a transparent way;
• the disadvantage of DÁP is that it can only be used by private persons for private matters, thus it will not be suitable for company signatures;
• however, companies will be able to accept eSigned documents signed from their private clients or employees.

E-signatures provided by trust service provider

• (qualified) trust service providers typically provide all types of e-signatures [simple electronic signature (SES); advanced electronic signature (AES), qualified electronic signature (QES)] or, in the case of companies, an equivalent electronic seal to their customers for free of charge;
• however, some service providers (e.g., NISZ, Adobe) offer certain e-signatures or e-seals, typically with a lower level of security, free of charge, but subject to additional conditions in some cases.

For the purpose to choose the suitable service provider and e-signature/e-seal, it is first necessary to consider the purpose for which it is to be used. In the case of employment relationships, for example, most legislation does not set any formal criterion or requires at most a written form, which is already satisfied by a simple e-signature/e-seal.

Based on the above, it is important to prepare for the change and review your company’s electronic signature practices before the end of the year. This will necessarily include determining the type of electronic signatures to be used, which may depend heavily on the legal requirements of the field of application. In addition, it is highly recommended to have an internal policy on the use of electronic signatures within the company.