Legality of eSignatures in Slovakia

Background

Electronic signatures have streamlined the document verification process, enhancing efficiency both in Slovakia and globally. These digital methods facilitate swift, environmentally friendly signing, cutting down on paper, and expediting deals. Nevertheless, when implementing eSignatures in Slovakia, it's vital to understand essential factors.

It’s advisable to choose an eSignature service that adheres to EU laws [Electronic Identification and Trust Services Regulation] for transactions within the EU, giving eSignatures legal parity with handwritten ones. However, some documents might require a physical signature, and local laws vary, so consult a legal expert.

Security is paramount. The chosen eSignature provider must offer robust protection, including encryption, authentication, and audit trails, to prevent unauthorized access and ensure document authenticity. Services such as BoldSign provide these security measures to meet compliance and safety needs.

Ultimately, eSignatures offer significant advantages and are widely accepted. Still, adherence to legal norms, ensuring security, and selecting a user-friendly service is vital for their successful integration into Slovakia.

Overview of the regulation of electronic signatures

Operations entailing the use of electronic signatures within the 27 member states of the European Union are regulated by the:

• Electronic identification and trust services regulation [eIDAS]¹
• E-commerce directive [2000/31/EC]²

As a rule, the regulation deems the use of electronic signatures legal for the completion of transactions.

eSignatures under the regulation are categorized into three categories:

1. Simple electronic signature
2. Advanced electronic signature
3. Qualified electronic signature

A standard electronic signature is any electronic data connected to, integrated within, or logically linked to other electronic data, and it functions to verify the identity of the supposed sender³.

An advanced electronic signature should meet the requirements set out in Article 26⁴. It decrees that advanced electronic signatures must be:

1. Uniquely linked to the signatory
2. Capable of identifying the signatory
3. Created using means that the signatory can maintain his control
4. Linked to the data it relates to, so that any subsequent change to the data is detectable.

Uniquely linked to the signer

A secure electronic signature must be uniquely connected to the person using it. The signature must be created with methods only the signer can access, like a private key and confidential information, to verify their identity.

Use and incorporation remain in their sole control

The person using the secure electronic signature must have sole control over the means of creating the signature. Typically, this requires managing a key pair or two-factor authentication, with the signer exclusively holding the private key to prevent signature forgery.

Identify the person using the technological process

The process used to create the signature must be capable of identifying the person's signature. This may include using a biometric signature, a personal identification number (PIN), an email address, or a company registration number.

Easy to track down any alterations made after signing

It is essential to preserve the authenticity of the signed document. Modifications made to the document post-signature should be identifiable. This is commonly accomplished through an audit trail. Audit trails record the signer's IP address, timestamps of key-signing events, and location, providing proof of identity, timing, and signature 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.

Article 32⁵ sets out a validation set of standards to be met by the one for a qualified eSignature. These are:

1. Statutory compliant certificate at the time of signing
2. A qualified trust service provider issued a certificate that was valid when signing
3. Signature validation data corresponds to the data provided to the relying party
4. The unique set of data representing the signatory in the certificate was correctly provided to the relying party
5. The use of any pseudonym is clearly indicated to the relying party if used at the time of signing
6. The electronic signature is of a qualified electronic signature creation device
7. The integrity of the signed data has not been compromised
8. Meets the validity standards of an advanced eSignature

Under Article 25 of the eIDAS,⁶ qualified electronic signatures are deemed to bear the same legal validity granted to wet-ink signatures.

Summary

The scope and limitations of eSignature transactions

Electronic signature transactions and their use do not have universal legal acceptance for document finalization. Consequently, there are specific types of transactions and uses for which electronic signatures are suitable, and others are not. Below is an analysis of this matter, accompanied by a summarized table of the transactions.

Documents that can be signed

Electronic signatures can be employed to affix signatures and provide countersignatures on a diverse array of documents, such as:

1. Human resources
2. Procurement⁷
3. Electronic auction
4. Software license agreements
5. Insurance industry
6. Educational field, etc.

Special consideration

• Application for authorization to provide a service⁸
• Recapitulative statement filed by electronic means under the Value Added tax Act.⁹
• Identification of natural persons under the Act on the Prevention of Legalization of Proceeds of Criminal Activity and Terrorist Financing¹⁰
• Notice confirmation that a specific document has not been filed by the registrar under the Act on Accounting¹¹

Exempted transactions

Even though the eIDAS does not expressly provide for any transactions that are excluded from being completed by electronic signature, a collective effort of the states saw the establishment of the E-commerce directive [2000/31/EC].¹²

The directive gives member states a list of transactions that may be excluded from the electronic execution model. This, therefore, allows each member to choose which transactions may be exempted from using an electronic signature. These transactions are:¹³

1. Field of taxation
2. Activities of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority
3. Transactions relating to agreements or practices governed by cartel law
4. Gambling activities which involve wagering a stake with monetary value in games of chance, including lotteries and betting transactions
5. The representation of a client and defense of his interests before the courts
6. It should, however, be noted that the position varies across the 27 member states
   

Summary of transactions under the EU

To ensure the authenticity of an electronic signature, it's advisable to follow these best practices in addition to complying with all applicable legal requirements:

1. Confirm the signer's identity and, in situations involving business dealings, verify that the individual is duly authorized to act on behalf of the company in affixing their signature.
2. Secure explicit agreement from the individual signing, which may be incorporated in the contract itself or in a separate accord, to signify their intention to use the specified electronic signature for the document in question.
3. Safeguard the document to prevent any modifications after the application of the signature.
4. Keep an exhaustive log of the signing procedure, recording each step the signer performs.

How does BoldSign help

The following elements of compliance available within BoldSign can be used to comply with European Union eSignature 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 ensures 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 another 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 ensures that the signer is aware of the implications of signing electronically and has given their consent.
• Custom terms: Get 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.

Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

However, Syncfusion’s 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 are subject to frequent changes, and the 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, warranties of merchantability, fitness for a particular purpose, or accuracy.

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