Documents can now be digitally authenticated in a number of ways, but only the legal effect of a qualified electronic signature is the same as that of handwritten signatures.
While in a paper-based world, a document can be authenticated by a handwritten signature on it, digital documents are also authenticated with a digital signature. An electronic signature is a concept related to a digital signature, however, the term digital signature primarily deals with technology, and the concept of electronic signature covers not only technology but also the legal concept.
An electronic signature provides legally accepted authenticity, which is a very important difference. While in the case of a solution based on authentication based on blockchain technology, the court has to examine with the involvement of experts whether the claimed authenticity actually exists, an electronic signature that complies with the law is automatically presumed to be authentic, ie it is not necessary to prove that the person signed it. the document, but that he is not.
The European Union Regulation on Electronic Identification and Trust Services is eIDAS Regulation (EU No. 910/2014) applicable since 23 July 2016, eIDAS is designed to determine the authenticity provided by electronic signatures. When eIDAS was set up, the legislator intended to harmonize electronic signatures in the Union. The aim is for the EU citizens to be able to count on the probative value of their electronically signed documents throughout the Union, regardless of which member state's court decides the dispute in question.
eIDAS defines three categories of electronic signatures. It rejects the basis of any electronic signature by declaring that the validity of any signature cannot be called into question solely because of its electronic form, thus creating the concept of a “simple” electronic signature. Enhanced Security Electronic Signatures (AES) must be uniquely associated with the signer and must be identifiable by the signature. It must be ensured that signatories can only create a signature using data under their own control, and the final document must be able to exclude unauthorized access.
Qualified Electronic Signature (QES) is a more stringent form of AES and is the only type of signature that has the same legal effect as handwritten signatures. To do this, signatories need a certificate issued by a duly authorized Trust Service Provider established and certified in the Union and use the above certificate with a qualified signature creation device (QSCD), ie they must sign with such a qualified device.
Hungarian law has also adopted the concept of electronic signatures. It endorses a qualified electronic signature (QES) with the highest probative value that can be created without public intervention; Pursuant to Section 325 (f) of the Hungarian Code of Civil Procedure (Act CXXX of 2016), a document with a qualified electronic signature and a time stamp embedded in it is considered a private document with full probative value.
Certificates of qualified electronic signatures (QES20, QES100, QES Unlimited) and certificates of enhanced security of electronic signatures (AES) based on qualified certificates are available through the Platform.
The issuance of these certificates is provided by our contracted trust service partner, Evrotrust Technologies AD. Our users can use the Evrotrust mobile application to affix their qualified e-signatures to their documents created using the Platform.
With the Platform’s simple document creation and signature management features (QuickSign, DirectSign, BusinessSign), our users can sign remotely easily as if they were doing it manually.