{"id":1974,"date":"2021-11-19T07:10:30","date_gmt":"2021-11-19T07:10:30","guid":{"rendered":"http:\/\/gerey.hu\/EU\/?p=1974"},"modified":"2024-04-07T19:23:07","modified_gmt":"2024-04-07T19:23:07","slug":"the-rules-for-the-use-of-the-electronic-signature","status":"publish","type":"post","link":"http:\/\/gerey.hu\/EU\/the-rules-for-the-use-of-the-electronic-signature\/","title":{"rendered":"RULES FOR THE USE OF THE ELECTRONIC SIGNATURE"},"content":{"rendered":"\n<p><em>Due to the continuous development of technical\npossibilities and the emerging epidemic situation, the use of various\nelectronic services, including electronic signatures is becoming more and more\npopular.<\/em><\/p>\n\n\n\n<p><em>In our newsletter we provide information about the possibilities and conditions of validity of electronic signatures.\ufeff<\/em><\/p>\n\n\n\n<p> Due to the epidemic, we have a limited number of different travel options, and we also have to reckon with significant costs during a longer business trip. These circumstances are holding back the momentum of business. An electronic signature can be of great help in bridging this problem. Its use can facilitate everyday business, but there are strict conditions for the validity of a signature, as the signature is not technically personal, so the provability of that the electronic signature was actually placed on the electronic document by an authorized person is particularly important. <br><\/p>\n\n\n\n<table class=\"wp-block-table\"><tbody><tr><td>The uniform EU regulation defines three types of   electronic signatures: (i) electronic signatures, (ii) electronic signatures   with advanced security, and (iii) qualified electronic signatures. The three   different categories mean different degrees of security of the electronic   signature, to which the Hungarian regulations assign different probative   force. Thus, in the case of a document with a qualified electronic signature,   the courts presume that the document was signed by the person named in the   signature, while in the case of a simple electronic signature, the document   is only considered as written, but is not associated with the legal effect of   a private document with full probative value. The reason for the   differentiation is the usability in different situations; for example, an   electronic signature with advanced security may be appropriate for issuing a   statement within an organization, but the use of a qualified electronic   signature may be required towards third parties.   <\/td><\/tr><\/tbody><\/table>\n\n\n\n<table class=\"wp-block-table\"><tbody><tr><td>In order to enable an executive officer of the   company to sign in the name of the company, by an authorised electronic   signature, it is necessary to register the electronic signature of the given   person at the court registry.   <\/td><\/tr><tr><td>Pursuant to the relevant law, in connection with the   entitlement of authorised signature in the name of a company the registration   of the specimen of signature of the executive officer or the enpowered person   shall be issued by the public notary for the traditional (paper-based)   representation of a company by authorised signature. For this a submission of   a specimen of signature countersigned by an attorney-at-law is adequate as   well.   &nbsp;   <\/td><\/tr><\/tbody><\/table>\n\n\n\n<p>In connection with the recording of an electronic\nsignature, the preparation of the specimen of the electronic signature is\nrequired under current legislation, which can only be made by a public notary.\nBased on this, at the request of the company, the Company Register may also\ncontain the specimen of the electronic signature of the person entitled to\nregister the company, which certifies that the given certificate is an authorised\nelectronic signature. It is important to emphasize that an electronic signature\nis only considered as authorised signature after it has been registered in the Company\nRegister.<\/p>\n\n\n\n<p>In the framework of the uniform regulation of the\nEuropean Union, a specific register lists the service providers that are\nmutually recognized by the Member States for cross-border authentication, so\nthat electronic signature services provided by these service providers even provides\nopportunity for electronic court registration, subject to appropriate court\nproceedings; thus, in the course of company proceedings in Hungary, even a\nqualified electronic signature provided by a trust service provider governed by\nthe law of another Member State may be used. The list of these service\nproviders is available at https:\/\/webgate.ec.europa.eu\/tl-browser\/#\/. In\nHungary, three service providers provide qualified electronic signatures, these\nare NISZ Zrt., Netlock Kft., and Microsec Zrt.<\/p>\n\n\n\n<p>The registration of an electronic authorised signature\nof a company therefore requires three steps: 1. concluding a contract with the\nappropriate service provider; 2. preparation of an electronic specimen of\nsignature certified before a public notary; and 3. conducting the registration\nprocedure at the Court Registry.<\/p>\n\n\n\n<p>The possibility of electronic signatures and company signatures greatly facilitates the stationary case management and the uninterrupted course of the proceedings caused by the epidemic situation. <\/p>\n\n\n\n<p style=\"text-align:center\"><em>*<\/em><\/p>\n\n\n\n<p style=\"text-align:center\"><strong><em>This summary is intended to\nraise awareness and does not constitute legal advice.<\/em><\/strong><\/p>\n\n\n\n<p style=\"text-align:center\"><strong><em>If you have any questions or\nneed further information, please do not hesitate to contact us.<\/em><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Due to the pandemic, travelling possibilities are restricted, and the restrictions are holding back the flow of business. An electronic signature can be of great help in bridging this problem. Its use can facilitate the daily business life, but there are strict conditions for the validity of a signature, as the signature technically is not linked to the person using it, so the provability that the electronic signature was actually placed on the electronic document by an authorized person is particularly important.<\/p>\n","protected":false},"author":1,"featured_media":1980,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[13],"tags":[],"class_list":["post-1974","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog"],"_links":{"self":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1974"}],"collection":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/comments?post=1974"}],"version-history":[{"count":4,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1974\/revisions"}],"predecessor-version":[{"id":1994,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/posts\/1974\/revisions\/1994"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/media\/1980"}],"wp:attachment":[{"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/media?parent=1974"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/categories?post=1974"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/gerey.hu\/EU\/wp-json\/wp\/v2\/tags?post=1974"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}