Did you know the differences between the various types of electronic signatures?

Under Slovak law, written legal acts are also valid when using electronic means that allow the identification of a person and the capture of the content of the act. Therefore, Slovak legislation supports the use of electronic signatures and facilitates the implementation of legal acts in the online environment.

Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market (the “eIDAS Regulation”) defines three categories of electronic signatures.

Electronic signature

The eIDAS Regulation defines this as: data in electronic form that is attached to or logically associated with other data in electronic form and which is used by the signatory to sign.

This signature can therefore be understood as a simple indication of identification data at the end of an electronic document (e.g., an e-mail). This data, such as the first and last name, the business name and the registered office of the company, allows for the identification of the person who signed the document. This type of electronic signature does not guarantee the authenticity of the data, the integrity of the document, or the full authentication of the person who signed the document.

However, according to the eIDAS Regulation, the legal effect of an electronic signature and its admissibility as evidence in court proceedings may not be rejected solely on the grounds that it has an electronic form or does not meet the requirements for qualified electronic signatures.

Advanced electronic signature

An advanced electronic signature is used where a higher level of security and legal certainty is required. It must be clearly linked to the signatory and allows the signatory to be identified, while guaranteeing the integrity of the document. According to the eIDAS Regulation, an advanced electronic signature must meet the following requirements:

a) It is uniquely linked to the signatory;

b) It is capable of identifying the signatory;

c) It is created using electronic signature creation data that the signatory can, with a high level of confidence, use under their sole control; and

d) It is linked to the data signed therewith in such a way that any subsequent change in the data is detectable.

Qualified electronic signature

A qualified electronic signature, also known in Slovakia under the abbreviation KEP, is used for documents where the highest level of legal effectiveness is required. It is created using a qualified certificate issued by a trusted certification authority and, according to the eIDAS Regulation, has a legal effect equivalent to a handwritten signature.

It is most often used in communication with public authorities through the central portal of public administration, such as notaries, bailiffs, state organizations, cadastral offices, the Commercial Register, the Trade Register, the Financial Administration, or courts.

Conditions for creating a KEP using an identity card:

1. eID (i.e. identity card or other identity document with an electronic chip) or eDoPP (proof of residence permit with an electronic chip) with a valid qualified certificate for electronic signature stored on the chip;
2. A computer equipped with a contact chip card reader and appropriate drivers (which can be downloaded on the website of the Ministry of the Interior of the Slovak Republic, where you can find installation files and instructions for commissioning the reader), software for eID, and an application for creating a KEP; and
3. Knowledge of the BOK (personal security code) and KEP PIN (security protection against the creation of the KEP by an unauthorized person).

In practice, electronic signing takes various forms. Unlike a regular e-mail, a document with an electronic signature guarantees that it comes from the correct sender. The legal strength of the signature is increased if a time stamp is attached to identify exactly when the signature was created.