A brief guide for entrepreneurs on what makes an electronic signature different from a qualified signature. From the material you will learn about the types of electronic signatures and how they differ. The guide also includes information on how you can obtain a qualified electronic signature.
A brief guide for entrepreneurs on what makes an electronic signature different from a qualified one.
From the material you will learn about the types of electronic signatures and how they differ. The guide also includes information on how you can obtain a qualified electronic signature.
We have developed the following topics:
- What is an electronic signature,
- What capabilities a non-qualified electronic signature provides,
- in what situations an advanced electronic signature is sufficient
- what a qualified electronic signature is used for
- how to obtain a qualified electronic signature
What is an electronic signature?
An electronic signature is a set of tools that allow to confirm the authenticity of electronic documents. Its use is regulated by the eIDAS regulation issued by the European Parliament and the Council of the European Union in 2014.
According to the Polish Law on Trust Services and Electronic Identification and the aforementioned EU eIDAS regulation, we can distinguish three types of electronic signatures:
- Electronic signature, also called a non-qualified signature or ordinary signature,
- advanced electronic signature,
- qualified electronic signature.
Non-qualified electronic signature
This is a simple electronic signature, which contains the basic data of the owner: name, surname, email address. It can be used in the circulation of documents, but not in every case.
Features of a simple electronic signature:
- Is verified with a non-qualified certificate,
- produces legal effects equivalent to a handwritten signature only if both parties enter into an agreement in advance that includes provisions for mutual recognition of signatures verified with a non-qualified certificate,
- used often in internal corporate communications or as authentication when logging into systems,
- identity verification is not required to issue a signature,
- The certificate can be stored on the user's disk or on a cryptographic card.
Advanced electronic signature
Denotes a signature that allows you to accurately identify the signer. In addition to data such as name and surname, it also includes the identification number (PESEL, passport or ID number), citizenship.
Features of an advanced electronic signature:
- In accordance with the eIDAS regulation, it is uniquely assigned to the signer,
- is made using electronic signature data that the signer can, with a high degree of certainty, use under his or her sole control (e.g., authentication with bank data),
- is associated with the signed data in such a way that any subsequent change to it is recognizable,
- An example of such a signature is the Trusted Profile,
- signature is respected in government systems, but does not have the effect of a handwritten signature in non-official matters.
Qualified electronic signature
This is the only electronic signature that carries legal effects analogous to a handwritten signature. It contains the same data of the signer as an advanced signature, but has a different legal force.
Such a signature can only be issued by authorized entities, qualified trust service providers that are authorized to issue certificates for qualified electronic signatures that have been created with qualified signature creation devices. A register of such entities is maintained by the National Certification Center. Currently in Poland, qualified certificates are issued by five companies: EuroCert, KIR, PWPW, Certum by Asseco, and Cencert.
A qualified electronic signature is a signature that is certified with a special qualified certificate that allows verification of the person making it.
In the process of obtaining a qualified certificate, the identity of the person who applies for it is verified. This involves checking the consistency of the information provided by the person applying for a qualified signature certificate with the information contained in the identity document (ID card or passport). The process is carried out with the personal participation of the interested party at the headquarters of the company issuing the certificate, at partner points or at notary offices.
A qualified signature has the same legal force as a handwritten signature, as evidenced by Article 78(1) of the Civil Code, which equates a qualified electronic signature with a handwritten signature:
Article 78(1) § 1. It shall be sufficient to maintain the electronic form of a legal act if a declaration of intent is made in electronic form and accompanied by a qualified electronic signature.
§ 2. A declaration of intent made in electronic form is equivalent to a declaration of intent made in writing.
Qualified signature capabilities:
- Allows you to deal with official matters,
- enter into a remote agreement,
- participate in electronic auctions on bidding platforms
- send invoices online.
For a detailed list of possibilities: https://www.biznes.gov.pl/pl/portal/0075#2
A qualified signature allows contracts to be concluded online throughout the European Union.
How to obtain a qualified electronic signature?
A qualified electronic signature is purchased from one of the certified providers.
The buyer receives a kit, which usually includes:
- Qualified certificate valid for one or two years,
- a special cryptographic card on which a qualified certificate is stored,
- card reader (or mini-reader), which he connects to his computer,
- software (applications) that need to be installed,
- or chooses the option in the cloud and access the certificate in the app or browser.
The price of the certificate depends on the vendor and the option chosen, usually starting at around PLN 200. The price will also be affected by the validity period of the certificate.
Qualified signatures can also be purchased through special platforms for remote document signing.
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