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Verifying the validity of qualified electronic signatures submitted through the Autenti platform regarding public procurement

 

We would like to present a brief summary of the Answer Law Firm’s legal opinion concerning the verification of the validity of qualified electronic signatures that are submitted through the Autenti platform in relation to public procurement: 

§ The electronic form of statements depends on the preparation of a declaration of will in electronic form and providing it with a qualified electronic signature.

§ The validity and correctness of using a qualified electronic signature on declarations of will that are submitted in connection with public procurement procedures is assessed on the basis of the validation result carried out by a qualified trust service provider as part of the qualified validation service of a given qualified electronic signature.

§ Documents signed on the Autenti Platform contain an attached Signature Card / Autenti Certificate and are provided with additional electronic seals to secure the integrity of the document's content and are performed as a non-qualified trust service in the field of electronic signing of documents via the Autenti Platform.

§ The result of the validation of a document signed with a qualified electronic signature on the Autenti Platform may contain an undefined or incorrect result of the validation of the seals placed on the Signature Card / Autenti Certificate or additionally submitted signatures, if they are not qualified electronic signatures. 

§ The validity and correctness of submitting a qualified electronic signature on documents signed via the Autenti Platform and the requirement to maintain an electronic form depends on the validity of the qualified electronic signature. In view of the above, a positive result of the validation performed by a qualified trust service provider, as part of the qualified validation service of a given qualified electronic signature in relation to the qualified electronic signature (regardless of a positive result/verification report of the entire document or individual seals or other signatures submitted on the document) proves the validity and correctness of submitting a qualified electronic signature and maintaining the electronic form of the declaration of will contained in the document.