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The 21st March 2024 could become an important turning point in the history of digitalisation in Germany. The German government has presented a draft of changes in response to the needs of digitizing the economy, according to the coalition agreement. This step marks the beginning of a new era in breaking down the barriers associated with digitalisation and, for companies such as Autenti, it opens up new opportunities to support business processes.
The draft provides for significant modifications to the laws on, inter alia, associations, companies or to the Evidence Act. A key change is the possibility to replace the paper form requirement with a text form, in line with §126b BGB. As opposed to the paper form, the text form is less formalised and can be adhered to with e.g. a simple electronic signature - as pointed out by Magdalena Kucharska, the Autenti’s ICT Legal Expert:
In order to comply with the textual form maintain the textual form in accordance with §126b of the BGB, it is required that the person making a declaration of intent be mentioned by their first name and surname, and that the declaration be made on a permanent medium. The Autenti platform meets these requirements by offering permanence, accessibility and integrity of electronically signed documents.
These changes open up new possibilities for companies to digitalise their processes and documentation. The regulations coming into force are part of the digitalisation trend, making it easier for companies to move to paperless processes.
Replacing the paper form with a textual form in the Evidence Act could be crucial for expediting HR processes. Current legislation requires the employer to confirm the terms of the employment contract to the employee in writing. The planned change means that the employer will be able to confirm the terms and conditions of the employment contract in a textual form, so also using a standard electronic signature.
However, the document confirming the terms and conditions of the employment contract referred to in the aforementioned act should be analysed separately from the conclusion of the employment contract itself, which can be signed in any form. This is due to the fact that no specific form is prescribed by law for an employment contract, so it can be concluded verbally, in writing or by implication. In this respect, there are also exceptions that stipulate the necessity of written form for, inter alia, fixed-term employment contracts or contracts that include non-competition provisions. In such cases, the contract must be concluded in writing
Although the legislative process is still ongoing, it is already clear that these changes will be fundamental to accelerating the digitalisation of business processes. The Autenti platform, which offers e-signatures compliant with the new requirements, is ready to support companies in adapting to the upcoming changes. It is not only a matter of facilitating day-to-day operations, but also an investment in the future to remain competitive in the market.
Don't wait for the legal changes to be fully implemented, start benefiting from the opportunities Autenti provides now! Expedite business processes, increase the efficiency of document management and take advantage of the potential of digitalisation in your company.
