• Trust Services are provided on the basis and in accordance with Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (Journal of Laws of UE of 2014, No. 257, p.73), referred to as the eIDAS Regulation.

• The eIDAS regulation guarantees uniform treatment of electronic signatures and electronic documents throughout the European Union, ensuring their identification and legal recognition.

• On the basis of eIDAS, the Polish Act of 5 September 2016 on Trust Services and Electronic Identification (i.e. Journal of Laws of 2020, item 1173, as amended) was issued.

• The indicated legal acts regulate the principles of operation of trust service providers and the provision of trust services, and establish a legal framework for electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and website authentication certification services.

TRUSTED THIRD PARTY

• Autenti has been entered into the register of non-qualified trust providers, kept by the National Bank of Poland, available at: https://www.nccert.pl/uslugiNK.htm. You can read the ‘Autenti Trust Services Provision Policy’ at the following link:https://autenti.com/en/terms-and-conditions/autenti-trust-services-policy/

• In order to be included in such a list, a trust service provider must meet the conditions specified in the eIDAS regulation and the Act on Trust Services and Electronic Identification. The trust service provider operates based on the shared trust service provision policy.

The Signature Card is an additional page generated at the moment of sending the document for signature, attached to the source pdf file, thanks to which it is possible to show who, when and from what device (IP) placed an electronic signature on the document. The Signature Card shows all the data that was used to create an electronic signature. The signatures are listed chronologically.

The Signature Card contains, as part of the visualization, the fields informing about:

• the type of submitted electronic signature,

• the name and surname of the signer,

• the signer's e-mail address,

• the signer's telephone number (optional, if an additional signer identification method is used),

• details of the signer's organization and its functions (optional, in the case of signing the document by a person representing the selected organization),

• the type of submitted electronic signature,

• the signer's authentication used,

• the reasons for signing,

• the IP address obtained from the signing device,

• date and time of signing.

  Find out more about the Signature Card.

• Electronic signatures are an effective way to make declarations and conclude binding contracts almost anywhere in the world. The laws of most countries not only allow them to be used to conclude commercial contracts, but above all these signed documents can be used as evidence in court proceedings.

• Some legislations distinguish the types of electronic signatures depending on the technology used for their creation and the purpose of the signature (e.g. ordinary, advanced and qualified electronic signatures), while in many other parts of the world any e-signature submitted, regardless of the technology used, is effective from the legal point of view.

• Contracting with the use of electronic signatures is particularly simplified when dealing with contractors from the countries where specific types of electronic signatures do not apply (e.g. USA, Canada, Great Britain, China, United Arab Emirates, Australia). Concluding contracts in these countries does not require a written form at all, and takes effect as soon as the parties agree. Evidence of such an agreement can  not only be a document concluded on paper, but also any other form of evidence, including an electronic file.

• Regardless of where our contractors are located, when contracting takes place between entrepreneurs, a good solution is to indicate the law of a specific country that will be the law governing a given contract. In this way, you can refer to well-known rules, making it easier to assess whether the selected contracting method is fully effective or not.

  
  USA
  
  

  The American law is open in terms of technology and its approach to electronic signature. There is no federal law requiring the use of a specific technology for a legally enforceable electronic signature, whether for digital certificates or otherwise.

  Some states have local requirements for state-approved digital certificates approved for use in transactions with that state’s government agencies.

  The legal situation regarding the use of electronic records and electronic signatures in trade was reinforced by the adoption of the Uniform Electronic Transactions Act (UETA) in most states and the enactment of the Electronic Signatures in Global and National Commerce Act (ESIGN) at the federal level in 2000. Both ESIGN and UETA stipulate that electronic signatures have the same weight and legal effect as traditional paper documents and handwritten signatures, while also stating that a document or signature cannot be denied legal effect or enforceability just because it is in the electronic form. The Federal Rules of Evidence and the Uniform Rules of Evidence generally allow the admission of electronic records and their reproductions as evidence. The above applies to electronic signatures stored on a computer or server, so that any printout showing that it accurately reflects the data is considered to be the original.

  It is therefore important for an electronic signature to be able to sufficiently demonstrate to a court that an appropriate level and quantity of information related to the signing process has been maintained, and that the system used to store the information is reliable in itself.

  Cases where the use of a handwritten signature or a special form is required, e.g. notarial wills, official court documents, orders, divorce and adoption documents, termination of health insurance benefits, documentation regarding the transport or handling hazardous or toxic materials, notification of a product recall due to health, safety or material defects of the product.

  
  
  Source:
  Electronic Signatures in Global and National Commerce Act (“ESIGN”)
  
  GREAT BRITAIN 
  
  

  In the Brexit Agreement with the European Union, the United Kingdom stipulated that the provisions of Union law applicable under that agreement produce the same legal effects for the United Kingdom and in the United Kingdom as they produce in the Union and its Member States. Thus, legal or natural persons may, in particular, directly rely on its provisions. The Agreement also provides that its provisions relating to the European Union law or to concepts or provisions thereof shall be interpreted and applied in accordance with the methods and general principles of the European Union law.

  The above also applies to the eIDAS regulation, and thus, electronic signatures issued based on eIDAS are as binding in the UK legal order as they are within the European Union. A qualified signature is also treated as equal to a handwritten signature.

  Under English law, a written signature is not necessarily required to enter into a valid contract. Contracts are generally valid regardless of whether the agreement between the parties is oral, electronic or in the form of a paper document. UK case law in this regard clearly confirms that ​contracts cannot be denied enforceability just because they are concluded electronically.

  However, in order to prove the validity of a contract, the parties may have to present the relevant evidence in court. Digital transaction management solutions, such as electronic signatures, are a way of providing electronic records that are admissible as evidence under s7 (1) of the Electronic Communications Act 2000 (‘ECA 2000’) to confirm the existence, authenticity and valid acceptance of a contract.

  Under English law, certain documents must be drawn up as an act. Electronic signatures are an important method of performing such activities under the English common law. Two important exceptions to this general rule are the legal acts to be registered with the British land registry and wills. Moreover, in many cases the execution of the act must be carried out in the physical presence of a witness and the witness must confirm this. Therefore, the witness to an electronically prepared document must be in the same room as the signer, when he or she affixes his or her electronic signature, and can electronically confirm the act.

  Source:
  The Electronic Identification Regulation (EU/910/2014) (2014)
  
  SINGAPORE
  
  

  Under Singapore law, a written signature is not necessarily required to enter into a valid contract – contracts are valid if legally competent parties reach an agreement, whether or not they agree verbally, electronically or in a physical, paper document. In order to prove the validity of a contract, the parties sometimes have to present evidence in court. Leading digital transaction management solutions should provide electronic records that meet all recording requirements under the Electronic Transactions Act and are admitted as evidence under the Evidence Act to confirm the existence, authenticity and valid acceptance of a contract.

  As a country with a multi-level electronic signature legal model, Singapore supports the concept of a 'secure electronic signature' (this is the local term for the qualified electronic signature) which requires both digital signature technology and certification of an electronic certificate provider by a certification authority licensed by the government. A qualified signature is not necessary for an electronic signature to be considered a valid signature for any transaction. Currently, there is one digital certification authority that can issue certificates necessary to obtain a qualified electronic signature.

  Examples of documents for which an ordinary electronic signature can be used:

  - HR documentation, employment contracts, orders and others,

  - confidentiality agreements,

  - invoices,

  - orders,

  - sales and service contracts,

  - software licenses,

  - copyright transfer agreements,

  - contracts with consumers.

  
  Surce:
  Electronic Transactions Act (2010)
  
  

  This material, although written with the assistance of lawyers, does not constitute legal advice, as it would require an analysis of a specific situation. The purpose of the material is to provide generalized information on the signing of contracts between parties based in different countries, without taking into account special or exceptional situations. We advise you to consult your lawyers on specific situations or contact the Autenti team at: legal@autenti.com