The electronic signature and qualified seal are modern digital tools that accelerate business processes and facilitate entrepreneurs in completing official formalities. The electronic signature was created with individuals in mind, while the qualified seal is used by legal entities, such as companies. The use of both trust services has been regulated in Polish legislation and the EU eIDAS regulation. You will learn about the most important legal aspects in this article.
Electronic signature and qualified seal – legal basis
The electronic signature and qualified seal are now widely used in business environments and public administration. This is made possible by legal acts, including:
- 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;
- the Act of 5 September 2016 on trust services and electronic identification (Journal of Laws 2021.1797).
The EU regulation, commonly known as the eIDAS regulation (electronic Identification, Authentication and trust Services), is a legal regulation that has been implemented in all EU countries as the first of its kind. Its goal is to streamline cross-border transactions that use digital identity and digital authentication, thereby standardizing regulations across the European Union. Thanks to this legal act, entrepreneurs from Poland can, for example, safely sign electronic documents with EU contractors and vice versa, using an electronic signature and qualified seal.
The Act on trust services and electronic identification of 5 September 2016 was the first step in adapting Polish legal realities to the eIDAS regulation. It primarily repealed the Act of 18 September 2001 on electronic signatures. In practice, the 2016 legal act allows, among other things, for the acceptance of electronic signature and qualified seal certificates issued in other EU countries under Polish law.
The aforementioned legal acts are the most important in the context of trust services, but not the only ones. The use of the electronic signature and qualified seal is also regulated by a number of other executive acts at the EU and national levels. In Poland, relevant changes have been introduced, among others, in the Civil Code and the Code of Civil Procedure.
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Why are electronically signed and sealed documents legally beneficial?
The electronic signature and e-seal are already considered a business standard and convenience, due to their legal context of use. The most important advantages of using these services include:
- easy validation,
- high level of security,
- legal effects equivalent to traditional forms of document signing,
- acceleration of business processes.
Easy validation
The electronic signature and qualified seal undergo a validation process, which involves easily verifying the identity of the entity signing or sealing a document. Traditional handwritten signatures, on the other hand, are merely a graphic layer, and confirming their authenticity requires comparing the handwriting on the document with the handwritten signature of the author. This process is not easy, is prone to error, and is also costly and time-consuming.
High level of security
Technologies used in electronic signatures and qualified seals make them significantly more secure than traditional signatures on paper documents. Trust services use cryptographic techniques based on public key infrastructure (PKI) standards, and a digital certificate is used to verify identity. Modern technologies thus make the only risk associated with using e-signatures and e-seals the unauthorized use of these tools by third parties, which is considered a crime.
Legal effects equivalent to traditional forms of document signing
The electronic signature with a qualified certificate carries legal effect because the legislator has equated this type of signature with a handwritten signature. Moreover, this effect will apply to contracts that, under the law, must be concluded in writing, such as employment contracts. Additionally, this signature will be honored in EU countries where the eIDAS regulation applies.
Acceleration of business processes
The electronic signature and qualified seal are trust services that are extremely useful from a business perspective. Regulations at the EU and national levels make their use significantly easier for legal, economic, and administrative actions. These tools greatly speed up economic transactions and allow for the automation of processes in companies and administration. Thanks to them, electronic documents are signed quickly and easily. There is also no problem with their secure archiving and cataloging.
Who can provide a qualified trust service?
Trust services, such as the qualified seal and electronic signature, can be provided by certified trust service providers. These providers can:
- issue qualified certificates for electronic signatures and seals,
- provide qualified validation services,
- create qualified electronic time stamps, registered electronic delivery services, and website authentication services.
Any company that wants to operate in this area must obtain an entry in the register of trust service providers. This entry is preceded by an independent compliance audit with eIDAS, which is conducted in the organization. The decision to register the entity is made by the Minister of Digital Affairs based on a previously submitted application and compliance assessment report. After receiving a positive decision on entry in the register of qualified trust service providers, the company contacts the National Certification Center to obtain a CA certificate and relevant entries.
In this way, the provider becomes a so-called trusted third party, which meets strict standards and can offer services that enable secure electronic transactions.
Electronic signature, qualified seal and legal aspects – summary
The electronic signature and qualified seal are modern digital tools that accelerate business processes and facilitate official formalities. Both qualified services have been regulated in the EU eIDAS regulation of 2014. The Polish legal system adapted to these regulations in 2016, accepting certificates of signatures and seals issued in other EU countries. Thanks to this, entrepreneurs can safely sign electronic documents with contractors from all member states.
Electronic signatures and seals offer a high level of security, easy validation, and legal effects equivalent to paper documents signed in the traditional way. Using these tools significantly speeds up business processes and allows for the automation of activities in companies and administration. Polish trust service providers must obtain the appropriate entry in the register, preceded by a compliance audit with eIDAS, ensuring the highest level of credibility and security for digital tools.
