Legality of eSignatures in Slovenia
Background
The adoption of electronic signatures has made validating documents more efficient, benefiting both Slovenia and the international community. These digital solutions enable quick, eco-friendly signings that reduce paper usage and expedite transactions. However, when utilizing eSignatures in Slovenia, it is crucial to understand key considerations.
For transactions taking place within Slovenia, it is recommended to use an eSignature service compliant with Slovenian legislation, specifically the Electronic Commerce and Electronic Signature Act, to ensure eSignatures are treated as equal to traditional handwritten signatures. Nevertheless, certain documents may still require a physical signature, and local legal requirements can differ; therefore, seeking advice from a legal professional is advised.
The security of eSignature services is of utmost importance. The provider you choose should offer robust security features, such as encryption, authentication, and audit trails, to guard against unauthorized access and verify the integrity of documents. BoldSign offers these security measures to satisfy compliance and safety requirements.
In summary, eSignatures bring considerable benefits and are generally accepted. However, compliance with legal standards, guaranteeing security, and opting for an accessible service are essential for their effective deployment in Slovenia.
What is an eSignature
In Slovenia, an eSignature is defined as electronic data connected with or logically linked to other digital information the signer utilizes for the signing process. These signatures are legally binding on most documents within the country if they can be definitively associated with the person signing and if there is evidence to prove their validity, ensuring the document has not been altered or forged. Moreover, it must be evident that the signatory has intentionally agreed to the document’s terms, signifying informed consent. When these conditions are satisfied, eSignatures are granted the same legal status as wet-ink signatures.
Overview of eSignature in Slovenia
In Slovenia, the operations of electronic signatures are regulated by the Electronic Commerce and Electronic Signature Act1 and the E.U Regulation 910/20142.
The Act categorizes these signatures into three:
- Standard Electronic Signature
- Advanced Electronic Signature
- Qualified Electronic Signature
A standard electronic signature is defined to be an array of data in an electronic form, included, attached to, or logically associated with other data and serves as a method of authentication of these data and identification of a signatory3.
An advanced electronic signature means an electronic signature which meets the following requirements4. It is:
- Uniquely linked to the signatory.
- Reliably capable of identifying the signatory.
- Created using a secure signature creation device that the signers can maintain under their sole control.
- Linked to the data to which it relates so that any subsequent change or connections between the data and the signature are detectable.
Uniquely linked to the signer
An advanced electronic signature must be uniquely connected to the person using it. The signature must be uniquely made with methods that only the signer can access , like a private key and confidential information, to verify their identity.
Use and incorporation remaining in the signer’s sole control
Identify the signatories
Track down any alterations made after signing
Summary Analysis
Type of signature
Governing statute
Unique features
Standard Electronic
Signature
Electronic Commerce and Electronic Signature Act.
- None other than being data in electronic form.
Advanced Electronic Signature
Electronic Commerce and Electronic Signature Act.
- Uniquely linked to the signers.
- Capable of identifying the signers.
- Developed using means that the signatory can maintain their sole control, and
- Linked to the data it relates to so that any subsequent change to the data is detectable.
Qualified Electronic
Signature
Electronic Commerce and Electronic Signature Act.
- Meets standards of an advanced electronic signature
- Based on a valid certificate.
| Type of signature | Governing statute | Unique features |
|---|---|---|
| Standard Electronic Signature | Electronic Commerce and Electronic Signature Act. |
|
| Advanced Electronic Signature |
| |
| Qualified Electronic Signature |
|
The Scope and limitations of eSignature transactions
Documents that can be signed
- Human Resources
- Procurement
- Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
- Software license agreements
- Insurance industry
- Educational field, etc.
Cases where qualified electronic signatures can be used
- Decision by administrative bodies7
- Application for industrial property rights8
- Written opposition to trademark registration9
- Termination of employment10
Exempted transactions
- Contracts regulating property and other rights and other rights on immovable things.
- Contracts regulating testaments.
- Contracts regulating property relationships between spouses.
- Contracts of property disposal belonging to persons dispossessed of legal capacity; contracts of tradition and division of property inter vivos.
- Contracts of life-subsistence and agreements of waiver of heirship before inheritance.
- Contracts of donations and contracts of donatio mortis causa.
- Contracts of sale with the retention of ownership.
- Other legal acts shall be, according to legal provisions, made in the form of a notarial note.
Summary limitation of use
Permissible transactions
Exempted transactions
- Human resources
- Procurement
- Non-disclosure agreements (assuming they are contracts, not formal deeds)
- Software license agreements
- Public petitions
- Insurance industry
- Educational field, etc.
- Decisions by administrative bodies.
- Application for industrial property rights.
- Written opposition to trademark registration.
- Termination of employment.
- Agreements on rights to real estate.
- Wills-related agreements.
- Marital property agreements.
- Transactions involving legally incapacitated individuals' assets.
- Live asset transfers and divisions.
- Maintenance contracts and pre-inheritance heirship waivers.
- Gift contracts during life and upon death.
- Conditional sales contracts to preserve seller ownership.
- Various legal actions that require notarization by law.
| Permissible transactions | Exempted transactions | |
|---|---|---|
| Any type of eSignature | Qualified electronic signature |
|
|
| |
To validate the legitimacy of an electronic signature, it is recommended to adhere to these best practices while also complying with all relevant legal obligations:
- Confirm the identity of the individual signing and, in cases of business dealings, ascertain that the individual is authorized to represent the corporation in signing the document.
- Obtain explicit consent from the individual signing, which should be recorded in the contract or a separate document, to affirm their deliberate choice to use the chosen electronic signature for the document.
- Ensure the document remains unaltered after the application of the electronic signature.
- Maintain a detailed record of the signing process, including each action the person signing takes.
How does BoldSign help
The following elements of compliance available within BoldSign can be used to comply with Slovenia 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 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 Electronic Commerce And Electronic Signature Act – [Https://Www.Uaipit.Com/Uploads/Legislacion/Files/0000000226_Ecaes.Pdf]
2 Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC –[ https://eur-lex.europa.eu/eli/reg/2014/910/oj]
3 Electronic Commerce And Electronic Signature Act – Art. 2(3) -[Https://Www.Uaipit.Com/Uploads/Legislacion/Files/0000000226_Ecaes.Pdf]
4 Ibid 2(4)
5 Ibid. Art. 15
6 Regulation (Eu) No 910/2014 of the European Parliament and of the Council, S. 4, Art. 25 [ https://eur-lex.europa.eu/eli/reg/2014/910/oj ]
7 Industrial property Act. Art 85a. [https://www.wipo.int/wipolex/en/text/590133]
8 Ibid Art 80, (1) & (2)
9 Industrial property Act. Art 101. [https://www.wipo.int/wipolex/en/text/590133]
10 Employment Relationships Act. Art. 87[ https://www.icj.org/wp-content/uploads/2013/05/Slovenia-Employment-Relationships-Act-2003-eng.pdf]
Enterprise-Ready E-Signatures
Built to scale with your business
Close deals faster, cut costs, and stay compliant. From startups to global enterprises, thousands trust BoldSign to simplify document signing.
Years in business
Customers
Countries
Built-in features
Testimonials
Why our customers love us
The true measure of our impact lies in the stories shared by our valued partners.
Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.
Jeremy Kadlec
Edgewood Solutions
Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!
Sarah Dillard
Kaleidoscope
We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.
Scott Prince
Croft
Sign up for your free trial today!
30-day free trial- No credit card required
- 30-day free trial
- No credit card required
