According to the rationale of eIDAS, private individuals can have an electronic signature and legal entities can have an e-stamp, but their legal effect defined under eIDAS is different. According to the legislator’s intention, e-stamp is not equivalent to the legal entity’s signature, however, it is conceptually necessary to be able to sign electronically on behalf of legal entities. In line with the above logic, one can sign on behalf of a legal entity electronically if a document signed by the executive officer of the legal entity can be considered as a declaration made on behalf of the legal entity. In the preamble of eIDAS it is clearly defined that if an e-stamp is needed for the execution of a given transaction, a qualified electronic signature of a person authorized to represent the legal person should be equally accepted.

To support the above, please refer to:

https://ec.europa.eu/digital-single-market/en/news/questions-answers-trust-services-under-eidas

https://www.enisa.europa.eu/publications/security-guidelines-on-the-appropriate-use-of-qualified-electronic-seals.

REGULATION (EU) No 910/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

(58)

When a transaction requires a qualified electronic seal from a legal person, a qualified electronic signature from the authorised representative of the legal person should be equally acceptable.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

9. ‘signatory’ means a natural person who creates an electronic signature;

24. ‘creator of a seal’ means a legal person who creates an electronic seal;

Article 25

Legal effects of electronic signatures

(2) A qualified electronic signature shall have the equivalent legal effect of a handwritten signature.

Article 35

Legal effects of electronic seals

(2) A qualified electronic seal shall enjoy the presumption of integrity of the data and of correctness of the origin of that data to which the qualified electronic seal is linked.

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