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

The person using the advanced 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 signatories

The process used to create the signature must be capable of identifying the person signing. This may include using a biometric signature, a Personal Identification Number (PIN), an email address, or even a company registration number.

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 place of signature.

A qualified electronic signature is an advanced electronic signature verified with an accredited certificate specific to electronic signatures5.

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		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		Meets standards of an advanced electronic signature Based on a valid certificate.

The Scope and limitations of eSignature transactions

The use of electronic signatures to complete transactions is not uniformly legally recognized. As a result, electronic signatures are appropriate for certain transactions and applications, while they may be unsuitable for others. An examination of this issue is provided here, along with a condensed table outlining the various 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:

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

Article 15 of the Electronic Commerce and Electronic Signature Act provides that a qualified electronic signature shall be recognized as legally equivalent to a handwritten signature. This was transposed from Article 25 of the eIDAS⁶. As such, the following (non-exhaustive list) can only be signed in either wet ink signature or qualified electronic signature:

Decision by administrative bodies⁷
Application for industrial property rights⁸
Written opposition to trademark registration⁹
Termination of employment¹⁰

Exempted transactions

The Act narrows the range of situations in which eSignatures can be used in Slovenia by excluding the following types of transactions (under Article 13):

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
Any type of eSignature	Qualified electronic signature	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.
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.

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 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 ³ Electronic Commerce And Electronic Signature Act – Art. 2(3) 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 ⁷ Industrial property Act. Art 85a. ⁸ Ibid Art 80, (1) & (2) ⁹ Industrial property Act. Art 101. ¹⁰ Employment Relationships Act. Art. 87

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