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What forms of electronic signature are there and what is their legal significance?

The eIDAS regulation defines two different signature types - advanced and qualified. Advanced and qualified services differ in their legal meaning. If, for example, the written form is required in Germany, this can only be fulfilled with a qualified electronic signature. If the assessment of evidence is of interest for a business transaction, the following applies to qualified certificates:

  • ZPO §371a (1): The regulations on the probative value of private documents apply accordingly to private electronic documents that are provided with a qualified electronic signature.
  • eIDAS Art. 35 (2): For qualified electronic seals, the presumption of integrity of the data and correctness of the proof of origin of the data applies.
  • eIDAS Art. 41 (2): Qualified electronic time stamps are presumed to be accurate of the date and time indicated therein and of the integrity of the data associated with the date and time.
  • eIDAS Art. 43 (2): For qualified electronic registration and delivery services, the presumption of integrity of the data and the correctness of the proof of origin of the data and the time of transmission applies.

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