Legality of eSignatures in Greece
Background
The integration of electronic signature technology has greatly simplified the process of executing contracts, both domestically in Greece and internationally. This innovation has boosted business dealings and promoted conservation by reducing paper use. Understanding the critical elements for effectively implementing electronic signatures in Greece is essential.
For both companies and individuals, selecting an electronic signature service provider that complies with Greek laws is vital. Providers must meet the specifications of Law 4727/2020, along with the Code of Civil Procedures and the Civil Code as per Presidential Decree No. 456 Official Gazette A’ 164/24.10.1984, which equates the validity of electronic signatures with traditional handwritten ones. Yet it is important to note that some documents may still require a wet-ink signature, and legal requirements can differ by region. To ensure compliance, consulting with a legal professional is advisable.
The security of electronic signature systems is a top priority. Choosing a service that implements strong security measures, including encryption, verification processes, and detailed audit trails, is critical to deter unauthorized access and validate the authenticity of signatures. BoldSign is dedicated to maintaining these rigorous security standards in line with industry benchmarks.
To sum up, despite the benefits and growing acceptance of electronic signatures, careful attention to legal compliance is essential, along with prioritizing security and picking an accessible platform to facilitate their seamless incorporation into the Greek digital ecosystem.
What is an electronic signature
In the Greek regulations on electronic signatures, an electronic signature is characterized as electronic information that is connected or logically associated with other electronic data and used by the signing party to sign. When they meet the prescribed legal criteria, these electronic signatures are considered just as valid as traditional handwritten signatures.
Forms of electronic signatures
An electronic signature encompasses a variety of digital forms attached to an electronic document or procedure. These forms can be:
- Using app login credentials to give permissions.
- Signing with a stylus or finger on a touchscreen device.
- Entering a name into an email as a form of signing off.
- Confirming Agreement on a web page with a click post-verification.
- Adding a digitized image of a handwritten signature.
- Employing a spoken command to serve as an oral consent.
Electronic signatures are considered just as valid as traditional wet-ink signatures; however, their use is subject to specific regulations spelled out in:
- Presidential Decree No. 456 (Official Gazette A’ 164/24.10.1984)1
- Law 4727 of 20202
The regulation categorizes the signatures into three categories3.
- Standard Electronic Signatures
- Advanced Electronic Signatures
- Qualified Electronic Signatures
A standard electronic signature is any electronic data attached to or logically associated with other electronic data and used by the signatory to sign.
Advanced electronic signature is an electronic signature that is:
- Uniquely linked to the signer.
- Capable of identifying the signatories.
- Developed using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change is detectable.
Uniquely linked to a person
An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods only the signer can access, such as a private key and confidential information, to verify their identity.
Use and incorporation remain in their sole control
The individual employing the advanced electronic signature must exclusively manage the signature’s creation tools. This generally involves handling a pair of cryptographic keys or dual-factor authentication, where the signatory is the sole possessor of the private key, preventing unauthorized signature replication.
Identify the signatory
The method used to generate the signature should be able to verify the signatory’s identity. This could involve the application of a biometric signature, a Personal Identification Number (PIN), an email address, or a company registration number.
Track down alterations made after signing
Maintaining the integrity of the signed document is crucial. Any alterations to the document after it has been signed must be detectable. Typically, this is achieved using an audit trail. Audit trails document the I.P. address of the signer, timestamps of significant signing moments, and location, offering evidence of the signer’s identity, timing, and place.
A qualified electronic signature is an advanced electronic signature that is generated using a certified device for creating electronic signatures and relies on an accredited certificate specific to electronic signatures.
Summary analysis
Under Greek Law 4727 and Presidential Decree No. 456 (Official Gazette A’ 164/24.10.1984)
Type of signature
Unique features
Special consideration on the use
Legal validity
Art. 50 – Law 4727/2020
N/A
N/A
Dependent on evidentiary weight as to achieving the levels of integrity and other legal standings.
Advanced electronic signature
- Uniquely linked to the signer.
- Capable of identifying the signatories.
- Developed using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change to the data is detectable.
N/A
Dependent on evidentiary weight as to achieving the levels of integrity and other legal standings.
Qualified electronic signature
- Supported by a qualified certificate.
- Uniquely linked to the signer.
- Capable of identifying the signatories.
- Developed using means that the signatory can maintain his control.
- Linked to the data it relates to so that any subsequent change to the data is detectable.
All legal transactions {Article 16 of Law 4727 as read with Article 160 of Civil Code} Electronic Public Documents [Art. 13]
Valid unless the contrary is proved.
| Types of electronic signature | Unique feature | Special consideration on the use | Legal validityArt. 50 – Law 4727/2020 |
|---|---|---|---|
| Standard electronic signature |
| N/A | Dependent on evidentiary weight as to achieving the levels of integrity and other legal standings. |
| Advanced electronic signature |
| ||
| Qualified electronic signature |
| All legal transactions {Article 16 of Law 4727 as read with Article 160 of Civil Code} Electronic Public Documents [Art. 13] | Valid unless the contrary is proved. |
Scope and limitations of electronic signature transactions
The legal recognition of electronic signature transactions for document completion is only valid sometimes. As a result, electronic signatures are acceptable for certain types of transactions and applications, while unacceptable for others. An analysis is provided below.
Documents that can be signed (with Advanced and Standard Electronic Signatures)
Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:
- Human Resources
- Procurement
- Non-Disclosure Agreements
- Software License Agreements
- End User Agreements
- Arbitration Agreements4
- Educational Field, etc.
Special considerations
The Greek Electronic Signature Regulation does not specifically outline which types of transactions are excluded from being finalized using an electronic signature. The legislation confers comprehensive legal validity to qualified electronic signatures in transactions. This was in line with the introduction of Article 16 of Law 47275 , which amends the application of Article 160 of the Civil Code6, that exempted the use of electronic signatures in legal transactions. This was transposed from section 25 of the eIDAS7 which grants a qualified electronic signature the same validity granted to a handwritten signature. The law subsequently stipulates that a qualified electronic signature is to be considered legally valid and may substitute any requirement for a handwritten signature8.
Other documents that need qualified electronic signatures when executed electronically are:
- Public documents9
- Private documents submitted to a public entity10
- Arbitral award11
To ensure the legitimacy of an electronic signature, it is advised to follow these best practices while also fulfilling all pertinent legal requirements:
- Authenticate the signatory’s identity and, in commercial transactions, verify their authority to act on behalf of the company when signing the document.
- Secure clear approval from the individual providing the signature, which should be documented within the contract or an associated legal document, to confirm their acceptance of using the specified electronic signature for the document.
- Protect the document from any changes after applying the electronic signature.
- Keep a comprehensive log of the signing process, capturing each step performed by the individual signing.
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Greek electronic signature laws:
- Secure and unique signing link: A secure and unique link to sign a document is sent directly to the signer’s email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
- Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
- Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
- Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
- Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
- Custom terms: Getting your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.
- QES compliance: BoldSign offers fully compliant qualified electronic signatures (QES) that are simple, secure, and legally binding across the EU. QES guarantees that your essential documents are protected with the highest level of e-signature security, giving you peace of mind in your digital transactions. Using BoldSign, you can confidently manage your important documents while ensuring compliance with EU regulations.
Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.
However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.
Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.
1 Presidential Decree No. 456 (Official Gazette A’ 164/24.10.1984) [https://www.kodiko.gr/nomothesia/document/437467/p.d.-456-1984]
2 Law 4727 of 2020 [https://www.kodiko.gr/nomothesia/document/640620/nomos-4727-2020]
3 Ibid. Art. 2
4 Code of Civil Procedures Art. 869 [https://www.uv.es/medarb/observatorio/leyes-arbitraje/europa-resto/grecia-ccp-domestic-arbitration.pdf]
5 Law 4727 of 2020, Art. 16 [https://www.kodiko.gr/nomothesia/document/640620/nomos-4727-2020]
6 Civil Code art. 160, (presidential decree 456/1984 – government gazette a 164/24.10.1984 – civil code and its introductory law civil law civil law (kodiko.gr))
7 Regulation (E.U)910/2014 (eIDAS) Art. 25 (3) [http://data.europa.eu/eli/reg/2014/910/oj]
8 Law 4727 of 2020, Art. 50 (2) [https://www.kodiko.gr/nomothesia/document/640620/nomos-4727-2020]
9 Law 4727 of 2020, Art. 13 (3) [https://www.kodiko.gr/nomothesia/document/640620/nomos-4727-2020]
10 Ibid, Art. 15 (1) [https://www.kodiko.gr/nomothesia/document/640620/nomos-4727-2020]
11 Code of Civil Procedures Art. 892 [https://www.uv.es/medarb/observatorio/leyes-arbitraje/europa-resto/grecia-ccp-domestic-arbitration.pdf]
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